Joint API, AXPC and IPAA Comments on Proposed Revision of WOTUS Definition

Dear Environmental Protection Agency and Army Corps of Engineers:

This letter provides comments from the American Petroleum Institute (“API”), the American Exploration and Production Council (“AXPC”), and the Independent Petroleum Association of America (“IPAA”) (collectively, “the Associations”) in response to the U.S. Environmental Protection Agency’s (“EPA’s”) and the Army Corps of Engineers’ (“Army Corps”) (collectively “the Agencies’”) proposed revision (“Proposed Revision”) of the definition of “Waters of the United States” (“WOTUS”). While we appreciate the opportunity to provide these comments on the Proposed Revision, we are concerned that the Agencies’ Proposed Revision impermissibly departs from the text, structure, and legislative history of the Clean Water Act (“CWA” or “the Act”), and fails to adhere to the jurisprudential guideposts established by the U.S. Supreme Court (“Supreme Court” or “the Court”) and other courts. The Proposed Revision is also vague and, if finalized, will be difficult to administer – thereby continuing to prevent landowners and other stakeholders from readily understanding the jurisdictional status of waterbodies on their properties. …