Van Ness Weldman – by Brent Carson, Duncan Greene, Joseph Nelson, and Erin Bartlett, March 27, 2014
The long-awaited Notice of Proposed Rulemaking (NOPR) redefining the term “waters of the United States”under the federal Clean Water Act (CWA) was released on March 25, 2014, by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) (collectively referred to as “the agencies”). The proposed rule seeks to clarify which streams, wetlands and other waters are considered “waters of the United States” and, thus, subject to permitting requirements under the CWA. The joint proposed rule will affect project development and operations across the energy, water, construction, building, agricultural and transportation sectors. Supporters of the NOPR have estimated that it would extend the jurisdictional scope of the CWA to an additional “20 million acres of wetlands and more than half our nation’s streams.” The agencies’ proposal expands the types of waters that will be considered jurisdictional and subject to CWA permitting requirements to include: Continue reading “Federal Agencies Issue Long-Awaited “Waters of the United States” Notice of Proposed Rulemaking for Clean Water Act Jurisdiction”