Is The New Clean Water Rule A Cleaner Way To Predict Federal Jurisdiction Over Property Or Does It Just Muddy The Waters?

On August 28, 2015, a new rule issued by the United States Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) became effective. The new rule is intended to redefine the term “waters of the United States” in an attempt to clarify what waters are protected under the 1972 Clean Water Act (“CWA”). Often referred to as the “Clean Water Rule,” the revised rule establishes, and arguably expands, the scope of federal jurisdiction to regulate discharges into such waters.    Read the article…………….