On August 27, a federal judge in North Dakota blocked the implementation of the EPA and the U.S. Army Corps of Engineers’ Water of the United States rule (WOTUS), which was slated to take effect August 28. Read more from the NALP here about the “win” against the rule.

The rule redefines which waters are subject to federal Clean Water Act (CWA) regulation. In the past, only navigable waters were subject to the CWA. Now, in addition to large water bodies, the CWA’s regulatory jurisdiction includes many irrigation ditches, man-made water bodies or areas that have flowing water during heavy storms. The rule defines many ditches as tributaries, which are now subject to regulation. It also subjects to CWA requirements any water body deemed to have a “significant nexus” to a larger body. Under the rule, regulators have a great deal of discretion to determine if a “significant nexus” exists. Read more about the rule and how it could impact your business here.

All legislative updates, news and alerts from the National Association of Landscape Professionals can be found here.

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