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Charlotte Mitchell Duyshart

Associate Legislative Director, Environment, Energy & Land Use | Gulf States, Counties & Parishes Caucus

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“Waters of the United States” is a phrase used in the Clean Water Act (CWA) to determine which waters are subject to federal jurisdiction. The CWA establishes the basic governance structure for pollution of the nation’s surface water, prohibiting the discharge of certain pollutants into “navigable waters,” which are defined as “waters of the United States, including the territorial seas.” However, the term waters of the United States, or WOTUS, is not further defined in the CWA. As such, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers – the two agencies responsible for administering the CWA – have defined WOTUS in regulations.

The definition of WOTUS directly impacts county governments as owners and operators of local infrastructure. Counties are responsible for public safety water conveyances, municipal separate stormwater sewer systems (MS4), green infrastructure construction and maintenance projects, water reuse infrastructure and emergency management systems. Depending on whether a certain water meets the definition of WOTUS, counties may need to apply for a federal permit to maintain or build new infrastructure projects.

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Press Release

Counties Celebrate Key Permitting Inclusions in SPEED Act

NACo issued the following statement in response to the passage of the Standardizing Permitting and Expediting Economic Development (SPEED) Act (H.R. 4776), which advanced out of the U.S. House Committee on Natural Resources on November 20.

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Advocacy

House Natural Resources Committee advances Standardizing Permitting and Expediting Economic Development (SPEED) Act

On November 20, the U.S. House Committee on Natural Resources advanced the Standardizing Permitting and Expediting Economic Development (SPEED) Act (H.R. 4776), which would make important changes to streamline federal permitting and strengthen county involvement in decision-making by amending the National Environmental Policy Act. Counties support commonsense permitting reforms, and NACo secured provisions in the SPEED Act that would guarantee counties a seat at the table during federal environmental reviews.
 

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Advocacy

U.S. Environmental Protection Agency releases new definition of the “waters of the United States”

On November 17, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a proposed rule defining what constitute the “waters of the United States” and are subject to federal regulation under the Clean Water Act. The new definition is narrower than previous rules and codifies the decision of U.S. Supreme Court in the 2023 case Sackett v. EPA.