This post provides an important update to our January 22, 2018 entry. On January 31, 2018, U.S. EPA and the Army Corp finalized a rule that makes the 2015 WOTUS Rule applicable two years following publication of the applicability date rule in the Federal Register. The final rule provides that the scope of Clean Water Act jurisdiction will be administered nationwide as it was prior to the 2015 WOTUS rule, and is intended to establish a framework for an interim period of time that avoids inconsistencies, uncertainty, and confusion, pending further rulemaking action by the agencies. Though it appears the applicability rule will be the subject of additional litigation.
An unofficial version of the rule may be viewed here.