EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction

Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders.

The US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) jointly released a proposed rule on March 25, 2014 which would represent the most sweeping change in a generation to the rules governing federal Clean Water Act (CWA) jurisdiction. Federal jurisdiction under the CWA extends to a variety of activities including dredging, filling, discharging pollutants, reporting hazardous substances releases and oil spill control. Stakeholders of all types — industry, agriculture, real estate development, oil and gas, utilities and municipal government — will want to remain informed of the scope of the proposed changes and their impact on business practices, regulated activity and environmental protection. This Client Alert summarizes the provisions of the proposed rule and provides a comparison with the current regulatory regime. The agencies are soliciting comments, which may be submitted within 90 days when the formal comment period opens upon publication of the proposed rule in the Federal Register. Publication had not yet occurred as of Monday, April 7, 2014.

Please see full commentary below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Latham & Watkins LLP | Attorney Advertising

Written by:

Latham & Watkins LLP
Contact
more
less

Latham & Watkins LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.