Since March, the United States has experienced unparalleled upheaval on seemingly countless fronts. One area that, quite understandably, has flown relatively under the radar during this time is water regulation. However, in the past few months the landscape of water regulation has experienced its own significant upheaval, punctuated by several key developments.

This article explores these developments, which, taken individually and collectively, are likely to spur significant litigation and precipitate substantial shifts in what activities, areas, entities, and substances are—and are not—subject to regulation.

The Navigable Waters Protection Rule