In its proposed Clean Water Act (CWA) jurisdiction guidance issued on April 27, EPA pulled back from its statement in an earlier draft guidance that the guidance would “increase significantly” the number of water bodies subject to the CWA.  The proposed guidance did not, however, remove language about jurisdiction over tributaries to traditionally navigable waters and wetlands adjacent to those tributaries, to which lawmakers and industry had objected as an expansion of EPA’s view of jurisdiction from the Bush Administration. EPA’s guidance, proposed jointly with the Corps of Engineers, is being developed in response to widespread uncertainty about the jurisdictional… Read more