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In 2015, the Environmental Protection Agency and the Department of the Army (the agencies” published the Clean Water Rule: Definition of ‘Waters of the United States” (80 FR 37054, June 29, 2015). On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the 2015 rule nationwide pending further action of the court. On February 28, 2017, the President issued an Executive Order titled Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule” which instructed the agencies to review the 2015 rule and rescind or replace it as appropriate and consistent with law.  The agencies are publishing this proposed rule to follow the first step which sought to recodify the definition of waters of the United States” that existed prior to the 2015 rule. In this second step, the agencies are conducting a substantive re-evaluation  and revision of the definition of waters of the United States” in accordance with the Executive Order.