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

The Trump administration Oct. 22 formally withdrew the “Waters of the United States” (WOTUS) rule. The decision, first announced in September, becomes effective Dec. 23.

The administration also continues to develop a replacement WOTUS regulatory framework, which would not include roadside ditches in federal wetlands jurisdiction, as threatened by the repealed Obama-era rule. At issue is how the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) decide what bodies of water are under federal jurisdiction.

ARTBA has fought the proposed expansion of the Clean Water Act in the legislative and regulatory arenas for 15 years. It has done so to save its members from being subject to unnecessary federal oversight, which delay transportation improvements and increase project costs. ARTBA will continue to keep its members informed and involved in these developments.