As previously reported in SGR's environmental and
sustainability newsletter, the U.S. EPA and the U.S. Corps of
Engineers jointly published a final clean water rule on June 29,
2015 intended to clarify the jurisdictional limits of federal water
for purposes of the Clean Water Act. The rule, which takes
effect on August 25, but which is considered final on July 13 for
purposes of judicial review, is endanger of being unfunded by
Congress when they return to session following the July 4
recess.
The House is set to vote on the fiscal year 2016 spending bill
for the Interior Department, and a rider on the Bill would strip
the EPA of the funds to "develop, adopt, implement,
administer, or enforce any change to regulations or guidance in
effect on October 1, 2015" pertaining to the waters of the
U.S. definition. Absent federal guidance on the
implementation of the final rule, states would be left to their own
to interpret the rule, which could lead to widely divergent
