By Nick Goldstein, vice president of regulatory and legal issues, ARTBA

The Trump administration Feb. 15 published its new “waters of the United States” (WOTUS) proposal in the Federal Register. Comments on the rule are due April 15.

Once implemented, the rule will replace a 2015 regulation issued by the Obama administration, which extended federal jurisdiction over roadside ditches. The new rule would exclude most roadside ditches from federal jurisdiction, U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) officials have said.

For more than a decade, ARTBA has actively opposed the idea of federal regulation for roadside ditches because it delays critical transportation improvement projects without providing real ecological benefits.

ARTBA plans to submit comments supporting the new rule. We encourages our members to do the same.