The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are moving ahead to finalize their guidance on “Identifying Waters Protected by the Clean Water Act,” despite industry’s objections, while they prepare to initiate rulemaking on the definition of “waters of the United States.”
The final guidance document – which describes EPA and the Corps’ view of their authority to regulate all waters and wetlands – significantly changes and expands what water features are subject to federal jurisdiction and permit requirements under the Clean Water Act (CWA).