Controversy surrounds the EPA's proposed new definition of "Waters of the United States" under the Clean Water Act


In April 2014 the Environmental Protection Agency (EPA) published a proposed new definition of “Waters of the United States” under the Clean Water Act (CWA) and sought public comments regarding their proposed rule.  The EPA’s stated purpose for proposing a new definition was to provide more clarity regarding what the CWA covers and does not cover.

 

Outside groups have rallied opposition against the proposed rule, arguing that the proposed definition does not narrow the scope of the CWA but instead expands the EPA and Army Corps of Engineers authority under the CWA. I’ve read the old and new definition (links to each are below) and fact sheets published by the EPA and an opposition group. Both make good points.  I challenge everyone to look at the information and decided for themselves whether the new definition is headed in the right direction.  Below are links to information to help in that review.

 

 

Public comments closed on November 14, 2014. More than 18,000 comments were submitted to the EPA. Reviewing all such comments will not be a simple task. It will be interesting to see what effect all those comments will have on the final rule.

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