Those currently or potentially subject to Clean Water Act regulation should plan for expanded federal jurisdiction upon implementation of the Clean Water Rule’s broad new definition of “waters of the United States.”

Introduction -

On May 27, 2015, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) jointly issued a “Clean Water Rule” (the Final Rule) that defines “waters of the United States” (WOTUS), a threshold term that determines the Clean Water Act’s (CWA) scope and application.