Obama Administration Issues Final Rule On "Waters Of The United States"

Elizabeth Lake is a Partner and Daniel Golub is an Associate in the San Francisco office

Lawrence Liebesman and Rafe Petersen are Partners in the Washington D.C. office

The Rule Will Expand the Universe of "Waters" Subject to Federal Regulation

HIGHLIGHTS:

• The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency have issued a final rule revising the definition of "Waters of the United States" under the Clean Water Act that will impact many segments of the U.S. economy.
• The final rule's expansive definition of "tributary" and the categorical inclusion of adjacent waters and wetlands within the 100-year floodplain of a tributary will make it easier for the agencies to regulate large areas of the landscape without the need for site specific evidence demonstrating a significant nexus to a navigable water.