Senator Capito (R-WV) introduced S3456 in mid-January; this bill codifies the definition of “waters of the United States”(WOTUS) that was in effect on January 1, 2021, and was later vacated on August 30, 2021, by the federal district court. The Army Corps of Engineers and EPA are in the process of revising this definition to return to the “familiar pre-2015 definition,” which had been in effect since 1986. This bill has been read for the second time and has been placed on Senate Legislative Calendar under General Orders.
For more information and the current status of this bill, please visit https://www.congress.gov/bill/117th-congress/senate-bill/3456?q=%7B%22search%22%3A%5B%22s3456%22%2C%22s3456%22%5D%7D&s=2&r=1