Environmental Law & Policy Alert – Update from Somach Simmons & Dunn

January 19, 2022

Proposed New Waters of the United States Rule Reminiscent of Pre-2015 Regulatory Framework

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers recently released the long-anticipated proposed rule redefining the scope of waters protected by the Clean Water Act (CWA). The CWA strictly prohibits discharges of pollutants into “navigable waters of the United States” unless specifically permitted; however, the definition of what constitutes “waters of the United States” has evolved over the past five decades, shifting with the political tides in Washington. … Read More

Written by Kyler C. Rayden