Environmental Law Matters

The Environmental Protection Agency ("EPA") and U.S. Army Corps of Engineers ("Corps") published their Final Rule defining "waters of the United States" on June 29, 2015. The rule becomes effective on August 28, 2015. The rule was pre-published on May 27, 2015 by EPA and the Corps (the "Agencies"), and it has already received unprecedented attention. The Clean Water Act's jurisdiction relates to "navigable waters" which is defined by Congress only as "Waters of the United States or the territorial seas." This vague definition has created substantial confusion to ...