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Under the Clean Water Act (CWA), the U.S. federal government is responsible for regulating the discharge of pollutants into and protecting the quality of the « Waters of the United States» (WOTUS). While the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers hold authority to define the scope of federal water protection, the definition of WOTUS itself has sparked years of intense discussion and litigation.

Numerous court decision, including those by the U.S. Supreme Court, have attempted to clarify the term, yet ambiguity persists, particularly for the agricultural community and landowners.

This Virtual Resource Room (VRR) serves as a comprehensive collection of information regarding the definition and regulation of WOTUS. It features relevant statutes and regulations as well as court filings and judicial opinions tracing the regulatory evolution of the WOTUS definition across the Obama, Trump, and Biden presidential administrations. Additionally, the VRR provides access to relevant government and legal publications for further information.

This guide is intended to represent a collection of legal resources relating to “Waters of the United States.” While the Center for Agricultural and Shale Law makes every effort to maintain and update the content furnished in this resource room, no warranty or other guarantee is made regarding the timeliness or accuracy of any information provided. 

 

The Center for Agricultural and Shale Law (CASL) wishes to acknowledge Victoria Dutterer and Dillon Lightfoot, both J.D. candidates at Penn State Law School, Class of 2025, and research assistants at the Center whose invaluable work is reflected in this collection of resources.