By: Channing J. Martin, Chair, Environment and Natural Resources Group, Williams Mullen
The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.”1 It’s effective on August 28, 2015, so you need to understand what it means for you. The new rule – issued, in part, as a result of the regulatory morass created by the U.S. Supreme Court’s decision in United States v. Rapanos, 126 S. Ct. 2208 (2006) (“Rapanos”) – is intended to make it easier to determine what’s subject to federal jurisdiction and what’s not. Does it? Read on.
This article begins by examining the long and winding road through the courts that got us here. It then describes the basic parameters of the Clean Water Rule and some of the practical difficulties concerning its implementation. Finally, it describes the litigation that has already been filed challenging the rule and looks at what’s to come.
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