NACo Regulatory Analysis: The Waters of the United States

Author

Charlotte Mitchell Duyshart
Upcoming Events
Related News
“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.
Advocacy Hub
Waters of the U.S. Action Center
Find the latest resources from NACo on Waters of the U.S.

Related News
Eastern Tennessee counties collaborate on nuclear energy ambitions
Decades after the Manhattan Project, cooperation among Roane, Anderson and Knox counties in Tennessee drives toward a high profile for nuclear power.

EPA releases proposal to repeal 2009 greenhouse gas endangerment finding
On July 29, the Environmental Protection Agency (EPA) released a proposal to rescind the 2009 endangerment finding. Following the announcement from EPA Administrator Lee Zeldin, the U.S. Department of Energy (DOE) published a supporting report—A Critical Review of Impacts of Greenhouse Gas Emissions on the U.S. Climate.

Federal agencies release NEPA guidance following White House Executive Order
On January 20, President Trump signed Executive Order 14154 - Unleashing American Energy, which directed the Council on Environmental Quality (CEQ) to rescind all National Environmental Policy Act (NEPA) regulations the agency had previously published from the federal code.