Congressional Digest

Congressional Digest April 2016 No. 4 Vol. 95
Overview of the Clean Water Rule

Clean Water Rule

Federal vs. State Jurisdiction Over the Nation’s Waters

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Overview of the Clean Water Rule

Defining Waters Protected by the Clean Water Act

On May 27, 2015, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly announced a final rule defining the scope of waters protected under the Clean Water Act (CWA). The rule revises regulations that have been in place for more than 25 years. Revisions were proposed in March 2014 in light of U.S. Supreme Court rulings in 2001 and 2006 that interpreted the regulatory scope of the CWA more narrowly than the agencies and lower courts were then doing, and created uncertainty about the appropriate scope of waters protected under the CWA. In April 2011,…

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