On May 26, 2015, the heads of the Army Corps of Engineers and the Environmental Protection Agency signed a new rule interpreting the jurisdictional scope of the Clean Water Act, the first time the agencies have promulgated such regulations in a generation. The new rule significantly expands the agencies’ authority under the Act, and for that reason likely will be challenged.
Who Will Be Affected by the New Rule?
The rule will have far-reaching impacts. It potentially implicates anyone with land that has a wet feature on it. And the Act’s permit requirements are triggered when a landowner decides to discharge a “pollutant” into a wet feature that is jurisdictional, which the new rule very broadly defines…
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