What happened: A federal judge in Arizona Aug. 30 struck down the Trump administration’s Navigable Waters Protection Rule (NWPR), which replaced the Obama-era’s Waters of the United States (WOTUS) rule.
Why it matters: NWPR provided clarity to the transportation construction industry by exempting roadside ditches from federal Clean Water Act jurisdiction. ARTBA has long noted that such ditches are not “navigable waters” and federal regulation only delays transportation improvements without providing extra environmental benefits. Vacating the NWPR would mean roadside ditches could once again be subject to federal regulation.
What’s next: It is unclear if the federal judge’s decision applies nationwide or only in Arizona. The government has not said whether it plans to appeal the decision. Since the Biden administration has said it plans to repeal and replace the NWPR, an appeal might not be forthcoming. ARTBA is defending the NWPR in other federal courts. We are closely monitoring this case.
