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… Read more