New Rule Redefines Federal Waters, Many Businesses Affected

A federal rule will significantly expand federal jurisdiction under the Clean Water Act. The rule essentially redefines “waters of the United States” to include tributaries of all navigable waters, no matter how small and irregardless of the “timing” of the flow. As the result of over a million comments to the initial proposed rule, the final rule does create some exceptions, which are explained in this client alert from King & Spalding. Nonetheless, “the final rule has major implications for any business that develops or alters land,” the authors write. “Some projects that previously would not have required a Clean Water Act permit will now be subject to regulation; and some that could have benefited from expedited permitting procedures will no longer qualify.”