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2019 Clean Water repeal was superseded by replacement rules and a narrower Supreme Court test

Reporting and findings

  1. reported

    Associated Press reported that the Biden administration's 2023 WOTUS rule repealed the Trump-era replacement and expanded some protections, while ongoing litigation and the Supreme Court's later Sackett decision changed the operative federal test; the 2019 repeal is therefore historical lineage, not a complete statement of current coverage.

  2. documented

    On 2019-10-22, the Trump administration’s Environmental Protection Agency and Army published a final rule repealing the 2015 definition of “waters of the United States” and recodifying the prior regulatory text.

    Corrects claim:batch-200:wotus-repeal-2019
Summary and current status

The 2019 action restored pre-2015 text, followed by Trump's 2020 Navigable Waters rule. That replacement was vacated; a Biden rule and the Supreme Court's Sackett decision then changed the governing test again.

2019 repeal no longer governs alone; post-Sackett federal coverage varies by rule and jurisdiction.

People and organizations

Relationships in this file

  1. Donald J. Trumpled administration that repealed water rule2019 Waters of the United States repeal rule