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ARTICLE · 03 JULY 2015

EPA And Corps Issue Rule Defining "Waters Of The U.S."

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On June 29, 2015, the Environmental Protection Agency ("EPA") and U.S. Army Corps of Engineers ("Corps") published a final rule defining "waters of the United States."

United StatesEnvironment
Keith Garner
Keith Garner
James Rusk
James Rusk
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On June 29, 2015, the Environmental Protection Agency ("EPA") and U.S. Army Corps of Engineers ("Corps") published a final rule defining "waters of the United States." The rule becomes effective on August 28, 2015.  Because the Clean Water Act ("CWA") grants regulatory authority only to areas under federal jurisdiction, the new rule will play a central role in determining when and to what extent the Corps and EPA will be involved in land use decisions.  It will affect many industries, including agriculture, energy development and transmission, transportation, and housing.

The agencies promulgated the rule in response to Supreme Court decisions that held certain isolated waters and waters that lack a significant nexus to traditional navigable waters were not jurisdictional under the CWA.  The Corps and EPA had previously tried to clarify the scope of CWA jurisdiction through guidance, but in April of 2014, the agencies proposed new regulations defining the waters

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