Back to the Future with “Navigable Waters of the United States”
Green Building Law Update
FEBRUARY 4, 2018
Department of the Army finalized a rule adding an applicability date to the 2015 Rule (that never went into effect) defining “waters of the United States.”. But, the 2015 Rule will now not be applicable until two years following publication of the applicability date rule in the Federal Register (scheduled to be this week), giving the agencies the time needed to reconsider the very fluid definition of “waters of the United States.”. United States , 547 U.S.