Fifteen AGs Filed Comments Opposing Proposal to Redefine of Waters of the United States

New York Attorney General Letitia James led a coalition of 15 state attorneys general in filing comments opposing a rule proposed by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers that would narrow the definition of “Waters of the United States” (WOTUS) under the Clean Water Act. In their comments, the attorneys general noted that the proposed rule would eliminate federal protections for up to 18 percent of streams and 51 percent of wetlands across the country, jeopardizing their states’ access to safe, healthy and clean drinking water. The attorneys general asserted that the agencies violated the Administrative Procedure Act by refusing to consider the best science available in the formulation of the new WOTUS definition and failing to adequately address the substantial administrative record left behind by the Obama and Bush administrations.