The United States Environmental Protection Agency (“EPA”) and the Army Corps of Engineers have proposed a new definition of Waters of the United States in an attempt to clarify federal authority under, and applicability of, the Clean Water Act (“CWA”)1. The deadline for submitting public comment on that proposed definition is rapidly approaching on April 15, 2019. A copy of the proposed rule can be found in the federal register2.
Since its inception in 1972, the Clean Water Act has regulated the discharge of pollutants into the “Waters of the United States”, but had not expressly defined the term. Prior to the implementation of the 2015 Rule, the definition of this term had been established by a number of Supreme Court decisions that only created additional uncertainties.
The proposed rule redefining “Waters of the United States”, if implemented in its current form, would replace the 2015 Rule promulgated by the previous administration defining the term, and would likely have the effect of reducing CWA jurisdiction overall.
If you are engaged in any activity that involves waterways or waterbodies that are not clearly navigable by boat, you should take a closer look at this proposed rule to determine how it may impact you. Your comments in support of or in opposition to the newly proposed definition are due by April 15, 2019.
For Environmental inquiries, please contact
DISCLAIMER: This blog is made available by the lawyer/law firm for educational purposes only. Except as expressly provided to the contrary in a signed writing, all materials provided on this website, including these blogs, are provided on an “as-is” basis without warranties of any kind, either express or implied. It provides only general information and commentary on the law and/or legal issues in the news. Nothing herein provides specific legal advice. These contents may further constitute Attorney Advertising. By using this website you understand, acknowledge, and agree that there is no attorney client relationship between you and the blog, lawyer, or law firm. The blog posts should not be used as a substitute for legal advice from a licensed professional attorney in your state.