The proper definition of “waters of the United States” is fiercely debated, and debatable. The Trump administration’s foray into the definition—the Navigable Waters Protection Rule (“NWPR”)—was issued in mid-2020 and effective in all places except Colorado, due to an administrative stay issued by Judge William Martinez on June 19, 2020. That changed, however, on March 2, 2021, when the U.S. Court of Appeals for the Tenth Circuit lifted the stay in Colorado.
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Authors
Christine A. Jochim, Shareholder; Ronda L. Sandquist, Shareholder; Michael P. Smith, Associate