March 31, 2014
EPA and Army Corps of Engineers Clarify Protection for Nation’s Streams and Wetlands in New Proposed Rule
POSTED BYKaren Thompson, P.G.
We told you last week that the USACE and EPA had issued a proposed rule defining key provisions of the Clean Water Act. Click here for that blog entry. The most substantial change in the new rule is the proposed deletion of the existing regulatory provision that defines “waters of the “United States”. Waters in a watershed in which there is no connection to a traditional navigable water, interstate water or the territorial seas would not be “waters of the United States.” Under the proposed rule, other waters (not traditional jurisdictional waters) would only be jurisdictional upon a case-specific determination that they have a significant nexus as defined by the proposed rule.