Proposed Rule on U.S. Jurisdictional Waters Facing Heavy Criticism

On April 21, 2014, the U.S. Army Corps of Engineers and the Environmental Protection Agency (“EPA”) proposed a rule defining the scope of waters protected under the Clean Water Act (“CWA”). The purpose of the rule was to provide clarification after a number of Supreme Court cases which had cast doubt on the existing understanding of what constitutes federal water. The proposed rule contains more than 100 exemptions from federal jurisdiction; however, critics note that the qualifications to those exemptions will mean that exempt status will have to be determined on a case-by-case basis.

Click here to read the rule in its entirety. Persons interested in submitting comments regarding the rule should click here and include this identifier: Docket ID No. EPA-HQ-OW-2011-0880.

For more information about this federal rule or if you have questions or comments, please contact Phillip Hoover.

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