EPA Extends Comment Period On Significant Proposed Rule Under The Clean Water Act

The U.S. Environmental Protection Agency ("EPA") announced that it has extended the comment period on a proposed rule that has the potential to significantly expand the authority of the EPA and the U.S. Army Corps of Engineers (the "Corps") under the Clean Water Act. The proposed rule redefines "Waters of the U.S." in a manner that many argue will vastly expand the "waters" which will be subject to regulations that require permits and impose stringent penalties for noncompliance. Consequently, the proposed rule has the potential to impact industrial and commercial activities—including real estate development, construction, and mining activities—that may have previously fallen outside the scope of the Clean Water Act. Individuals and entities involved in such activities will be required to be much more vigilant in determining whether isolated and seasonal "waterways" or wetlands could now fall within the scope of the federal agencies' new definition of "Waters of the