Filling the Gaps: Strategies for States/Tribes for Protection of Non-WOTUS Waters
1 May 2023
Changes in the interpretation of Waters of the United States (WOTUS) resulting from judicial decisions or federal rulemaking place a substantial burden upon state and tribal regulators and legislators. States, in particular, must determine whether, and how, to keep up with shifting federal coverage by adopting and implementing protections for waters that are not protected by federal law. This report examines strategies that states (and some tribes) can use, including discussion of protections already in place.