Major Clean Water Rule Change Is Still Hanging

A possible change in how “waters of the United States” will be defined under the Clean Water Act would significantly extend the law’s reach. On November 14 the comment period for the new rule closed with nearly a half million comments, many of them asking for withdrawal or delay of the changes, at least until an EPA report on the issue of “connectivity” has been finalized and further opportunity for comment has been provided. Given these requests, write attorneys from Van Ness Feldman, the timing of the final rulemaking and the form it may take remains uncertain. The proposed new rule would among other things change the definition of tributaries and “adjacent waters,” and under the revised definition they would be subject to federal jurisdiction and permits for dredging or releasing pollution into them would be required.