On March 14, the White House announced it would resubmit the nomination of Ken Kopocis to serve as Assistant Administrator to head EPA’s Office of Water. Last year, Kopocis’ nomination cleared the Senate Environment and Public Works Committee, but never received a vote in the full Senate. The Senate vote was blocked, primarily over concerns that EPA’s guidance clarifying the scope of the Clean Water Act would be overly restrictive compared to existing policy interpretation defining “waters of the U.S.” The issue is sure to arise again during confirmation hearings, since the guidance has still not been released. In fact, a policy decision has not been made on whether the guidance will be issued at all pending a formal rulemaking effort to clarify the issue.