On March 25, EPA and the U.S. Army Corps of Engineers announced the release of a proposed rule clarifying the scope of Clean Water Act jurisdiction over streams and wetlands. According to EPA’s press release, the proposed rule “does not protect any new types of waters that have not historically been covered under the Clean Water Act and is consistent with the Supreme Court’s more narrow reading of Clean Water Act jurisdiction.” Protected waters include most seasonal and rain-dependent streams and adjacent wetlands. Where connectivity to downstream waterways is less certain, waters will be evaluated on a case-by-case basis.
The proposal continues to experience strong opposition from many members of Congress and has been a key issue in the perpetual delay of Ken Kopocis’ Senate confirmation to head EPA’s Office of Water. Such opposition to the rulemaking is expected to continue as EPA and the Army Corps work on moving the proposed rule through to final promulgation. Once the proposal is published in the Federal Register, stakeholders will have 90 days to submit comments for consideration as the rule is finalized. AMWA staff will be working with members to develop appropriate feedback during this process.
The rule proposal and numerous support documents are available at EPA’s “Waters of the United States” webpage.