As Big As It Gets: Clean Water Act Rulemaking

Your Water Colorado Blog

By Mark Scharfenaker

Everyone seriously interested in water quality throughout the United States has 90 days to let EPA, the Army Corps of Engineers and federal lawmakers know what they think about the agency’s newly proposed rule intended to clarify just where in a watershed the protections of the Clean Water Act cease to apply.

This long-awaited rulemaking aims to define CWA jurisdiction over streams and wetlands distant from “navigable” waters of the United States…the lines of which were muddied by recent Supreme Court rulings rooted in a sense that perhaps EPA and the Corps had strayed too far in requiring CWA dredge-and-fill permits for such “waters” as intermittent streams and isolated potholes.

This rule is as big as it gets in respect to protecting waterways from nonfarm pollutant discharges, and the proposal has not calmed the conflict between those who want the jurisdictional line closer to navigable waters and…

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