March 27, 2014

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EPA and the Army Corps of Engineers announced a proposed rule on March 25, 2014, addressing the scope of the Clean Water Act, specifically the Act’s key definition of the term “waters of the United States.” The proposed rule will make clear that the protections of the Act apply to most seasonal and rain-dependent rivers and streams, as well as to wetlands adjacent to rivers and streams.  The proposed rule is in response to Supreme Court decisions in 2001 and 2006 that limited the scope of the Clean Water Act, though EPA asserts this new rule is “consistent with the Supreme Court’s more narrow reading of Clean Water Act jurisdiction.”  Once published in the Federal Register, the proposed rule will be subject to a 90-day public comment period.

Read EPA’s press release here and learn more details about the rule at this website.