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EPA and the Army Corps' Rule to Define 'Waters of the United States' [January 5, 2017]
"On May 27, 2015, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly announced a final rule defining the scope of waters protected under the Clean Water Act (CWA). [...] According to the agencies, the new rule revises the existing administrative definition of 'waters of the United States' consistent with the CWA, legal rulings, the agencies' expertise and experience, and science concerning the interconnectedness of tributaries, wetlands, and other waters and effects of these connections on the chemical, physical, and biological integrity of downstream waters. Waters that are 'jurisdictional' are subject to the multiple regulatory requirements of the CWA. Non-jurisdictional waters are not subject to those requirements. This report describes the final revised rule--which the agencies refer to as the Clean Water Rule. It includes a table comparing the existing regulatory language that defines 'waters of the United States' with the revisions. The rule is particularly focused on clarifying the regulatory status of surface waters located in isolated places in a landscape. It does not modify some categories of waters that are jurisdictional under existing rules [...] Challenges to the rule were filed in multiple federal district and appellate courts by industry groups, more than half of the states, and several environmental groups. The rule became effective on August 28, 2015, but on October 9, 2015, a federal court blocked the rule's implementation nationwide. The legal question of which federal court should review the challenges to the rule remains in limbo."
Library of Congress. Congressional Research Service
Copeland, Claudia
2017-01-05
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EPA and the Army Corps' Rule to Define 'Waters of the United States' [January 4, 2016]
On May 27, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly announced a final rule defining the scope of waters protected under the Clean Water Act (CWA). The rule revises regulations that have been in place for more than 25 years. Revisions are being made in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than the agencies and lower courts were then doing, and created uncertainty about the appropriate scope of waters protected under the CWA. […] This report describes the final revised rule-which the agencies refer to as the Clean Water Rule-and includes a table comparing the existing regulatory language that defines "waters of the United States" with the revisions. The rule is particularly focused on clarifying the regulatory status of surface waters located in isolated places in a landscape. It does not modify some categories of waters that are jurisdictional under existing rules (traditional navigable waters, interstate waters and wetlands, the territorial seas, and impoundments). The rule also lists waters that would not be jurisdictional, such as prior converted cropland and certain ditches. It makes no change to existing statutory exclusions, such as CWA permit exemptions for normal farming and ranching activities. The rule will replace EPA-Corps guidance that was issued in 2003 and 2008, which has guided agency interpretation of the Court's rulings but also has caused considerable confusion. Much of the controversy since the Supreme Court rulings has focused on the degree to which isolated waters and small streams are jurisdictional."
Library of Congress. Congressional Research Service
Copeland, Claudia
2016-01-04
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EPA and the Army Corps' Rule to Define 'Waters of the United States' [December 3, 2015]
On May 27, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly announced a final rule defining the scope of waters protected under the Clean Water Act (CWA). The rule revises regulations that have been in place for more than 25 years. Revisions are being made in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than the agencies and lower courts were then doing, and created uncertainty about the appropriate scope of waters protected under the CWA. […] This report describes the final revised rule-which the agencies refer to as the Clean Water Rule-and includes a table comparing the existing regulatory language that defines "waters of the United States" with the revisions. The rule is particularly focused on clarifying the regulatory status of surface waters located in isolated places in a landscape. It does not modify some categories of waters that are jurisdictional under existing rules (traditional navigable waters, interstate waters and wetlands, the territorial seas, and impoundments). The rule also lists waters that would not be jurisdictional, such as prior converted cropland and certain ditches. It makes no change to existing statutory exclusions, such as CWA permit exemptions for normal farming and ranching activities. The rule will replace EPA-Corps guidance that was issued in 2003 and 2008, which has guided agency interpretation of the Court's rulings but also has caused considerable confusion. Much of the controversy since the Supreme Court rulings has focused on the degree to which isolated waters and small streams are jurisdictional."
Library of Congress. Congressional Research Service
Copeland, Claudia
2015-12-03
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EPA and the Army Corps' Rule to Define 'Waters of the United States' [September 1, 2015]
"On May 27, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly announced a final rule defining the scope of waters protected under the Clean Water Act (CWA). The rule revises regulations that have been in place for more than 25 years. Revisions are being made in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than the agencies and lower courts were then doing, and created uncertainty about the appropriate scope of waters protected under the CWA. According to the agencies, the new rule revises the existing administrative definition of 'waters of the United States' consistent with the CWA, legal rulings, the agencies' expertise and experience, and science concerning the interconnectedness of tributaries, wetlands, and other waters and effects of these connections on the chemical, physical, and biological integrity of downstream waters. Waters that are 'jurisdictional' are subject to the multiple regulatory requirements of the CWA. Non-jurisdictional waters are not subject to those requirements. This report describes the final revised rule--which the agencies refer to as the Clean Water Rule--and includes a table comparing the existing regulatory language that defines 'waters of the United States' with the revisions. The rule is particularly focused on clarifying the regulatory status of surface waters located in isolated places in a landscape. It does not modify some categories of waters that are jurisdictional under existing rules (traditional navigable waters, interstate waters and wetlands, the territorial seas, and impoundments). The rule also lists waters that would not be jurisdictional, such as prior converted cropland and certain ditches. It makes no change to existing statutory exclusions, such as CWA permit exemptions for normal farming and ranching activities."
Library of Congress. Congressional Research Service
Copeland, Claudia
2015-09-01
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EPA and the Army Corps' Proposed Rule to Define 'Waters of the United States' [June 29, 2015]
"This report describes the final revised rule--which the agencies refer to as the Clean Water Rule (CWA)--and includes a table comparing the existing regulatory language that defines 'waters of the United States' with the revisions. The rule is particularly focused on clarifying the regulatory status of surface waters located in isolated places in a landscape. It does not modify some categories of waters that are jurisdictional under existing rules (traditional navigable waters, interstate waters and wetlands, the territorial seas, and impoundments). The rule also lists waters that would not be jurisdictional, such as prior converted cropland and certain ditches. It makes no change to existing statutory exclusions, such as CWA permit exemptions for normal farming and ranching activities. The rule will replace EPA-Corps guidance that was issued in 2003 and 2008, which has guided agency interpretation of the Court's rulings but also has caused considerable confusion. Much of the controversy since the Supreme Court rulings has focused on the degree to which isolated waters and small streams are jurisdictional. Under the EPA-Corps guidance, many of these waters have required case-specific evaluation to determine if jurisdiction applies. Under the final rule, some of these waters would continue to need case-specific review, but fewer than under the existing agency guidance documents. The final rule also explicitly excludes specified waters from the definition of 'waters of the United States' (e.g., prior converted croplands, stormwater management systems, and groundwater)."
Library of Congress. Congressional Research Service
Copeland, Claudia
2015-06-29
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EPA and the Army Corps' Proposed Rule to Define 'Waters of the United States' [March 20, 2015]
From the report summary: "On March 25, 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly announced a proposed rule defining the scope of waters protected under the Clean Water Act (CWA). The proposal would revise regulations that have been in place for more than 25 years. Revisions are proposed in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than previously, but created uncertainty about the precise effect of the Court's decisions. According to the agencies, the proposed rule would revise the existing administrative definition of 'waters of the United States' consistent with legal rulings and science concerning the interconnectedness of tributaries, wetlands, and other waters and effects of these connections on the chemical, physical, and biological integrity of downstream waters. Waters that are 'jurisdictional' are subject to the multiple regulatory requirements of the CWA. Nonjurisdictional waters are not subject to those requirements. This report describes the proposed rule--which the agencies refer to as the Clean Water Rule-- and includes a table comparing the existing regulatory language that defines 'waters of the United States' with the proposed revisions. The proposal is particularly focused on clarifying the regulatory status of waters located in isolated places in a landscape. It does not modify some categories of waters that currently are jurisdictional by rule (traditional navigable waters, interstate waters and wetlands, the territorial seas, and impoundments). The proposed rule would replace EPA-Corps guidance that was issued in 2003 and 2008, which has guided agency interpretation of the Court's rulings but also has caused considerable confusion."
Library of Congress. Congressional Research Service
Copeland, Claudia
2015-03-20
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EPA and the Army Corps' Proposed Rule to Define 'Waters of the United States' [November 21, 2014]
"On March 25, 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly proposed a rule defining the scope of waters protected under the Clean Water Act (CWA). The proposal would revise regulations that have been in place for more than 25 years. Revisions are proposed in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than previously, but created uncertainty about the precise effect of the Court's decisions. […]This report describes the proposed rule and includes a table comparing the existing regulatory language that defines 'waters of the United States' with the proposed revisions. The proposal is particularly focused on clarifying the regulatory status of waters located in isolated places in a landscape. It does not modify some categories of waters that currently are jurisdictional by rule (traditional navigable waters, interstate waters and wetlands, the territorial seas, and impoundments). The proposed rule would replace EPA-Corps guidance that was issued in 2003 and 2008, which has guided agency interpretation of the Court's rulings but also has caused considerable confusion."
Library of Congress. Congressional Research Service
Copeland, Claudia
2014-11-21
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EPA and the Army Corps' Proposed Rule to Define 'Waters of the United States' [October 9, 2014]
"On March 25, 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly proposed a rule defining the scope of waters protected under the Clean Water Act (CWA). The proposal would revise regulations that have been in place for more than 25 years. Revisions are proposed in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than previously, but created uncertainty about the precise effect of the Court's decisions. In 2011, EPA and the Corps proposed guidance on policies for determining CWA jurisdiction to replace guidance issued in 2003 and 2008; all were intended to lessen confusion over the Court's rulings. The 2011 proposed guidance was extremely controversial, with some contending that it represented an overreach beyond the agencies' statutory authority. Most environmental groups welcomed the proposed guidance, although some would have preferred a stronger document. The 2014 proposed rule would replace the existing guidance, which remains in effect because the 2011 proposed guidance was not finalized. According to the agencies, the proposed rule would revise the existing administrative definition of 'waters of the United States' consistent with legal rulings and science concerning the interconnectedness of tributaries, wetlands, and other waters and effects of these connections on the chemical, physical, and biological integrity of downstream waters."
Library of Congress. Congressional Research Service
Copeland, Claudia
2014-10-09
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EPA and the Army Corps' Proposed Rule to Define 'Waters of the United States' [September 10, 2014]
"On March 25, 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly proposed a rule defining the scope of waters protected under the Clean Water Act (CWA). The proposal would revise regulations that have been in place for more than 25 years. Revisions are proposed in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than previously, but created uncertainty about the precise effect of the Court's decisions. [...] This report describes the proposed rule and includes a table comparing the existing regulatory language that defines 'waters of the United States' with the proposed revisions. The proposal is particularly focused on clarifying the regulatory status of waters located in isolated places in a landscape. It does not modify some categories of waters that currently are jurisdictional by rule (traditional navigable waters, interstate waters and wetlands, the territorial seas, and impoundments)."
Library of Congress. Congressional Research Service
Copeland, Claudia
2014-09-10
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EPA and the Army Corps' Proposed Rule to Define 'Waters of the United States' [June 10, 2014]
"On March 25, 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly proposed a rule defining the scope of waters protected under the Clean Water Act (CWA). The proposal would revise regulations that have been in place for more than 25 years. Revisions are proposed in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than previously, but created uncertainty about the precise effect of the Court's decisions. […] This report describes the proposed rule and includes a table comparing the existing regulatory language that defines 'waters of the United States' with the proposal. The proposed rule is particularly focused on clarifying the regulatory status of waters located in isolated places in a landscape. It does not modify some categories of waters that currently are jurisdictional by rule (traditional navigable waters, interstate waters and wetlands, the territorial seas, and impoundments). Proposed changes would increase the asserted scope of CWA jurisdiction, in part as a result of expressly declaring some types of waters categorically jurisdictional (such as all waters adjacent to a jurisdictional water), and also by application of definitions, which would give larger regulatory context to some types of waters, such as tributaries."
Library of Congress. Congressional Research Service
Copeland, Claudia
2014-06-10
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EPA and the Army Corps' Proposed Rule to Define 'Waters of the United States' [April 21, 2014]
"On March 25, 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly proposed a rule defining the scope of waters protected under the Clean Water Act (CWA). The proposal would revise regulations that have been in place for more than 25 years. Revisions are proposed in light of 2001 and 2006 Supreme Court rulings that interpreted the regulatory scope of the CWA more narrowly than previously, but created uncertainty about the precise effect of the Court's decisions. […] This report describes the proposed rule and includes a table comparing the existing regulatory language that defines 'waters of the United States' with the proposal. The proposed rule is particularly focused on clarifying the regulatory status of waters located in isolated places in a landscape. It does not modify some categories of waters that currently are jurisdictional by rule (traditional navigable waters, interstate waters and wetlands, the territorial seas, and impoundments). Proposed changes would increase the asserted scope of CWA jurisdiction, in part as a result of expressly declaring some types of waters categorically jurisdictional (such as all waters adjacent to a jurisdictional water), and also by application of new definitions, which give larger regulatory context to some types of waters, such as tributaries."
Library of Congress. Congressional Research Service
Copeland, Claudia
2014-04-21
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EPA and the Army Corps' Proposed Rule to Define 'Waters of the United States' [March 27, 2014]
"On March 25, 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) jointly proposed a rule defining the scope of waters protected under the Clean Water Act (CWA). The proposed rule would revise regulations that have been in place for more than 25 years. Revisions are proposed in light of Supreme Court rulings in 2001 and 2006 that interpreted the regulatory scope of the CWA more narrowly than previously, but created uncertainty about the precise effect of the Court's decisions. In April 2011, EPA and the Corps proposed guidance on policies for determining CWA jurisdiction to replace guidance previously issued in 2003 and 2008; all were intended to lessen confusion over the Court's rulings. The 2011 proposed guidance was extremely controversial, with some groups contending that it represented a massive federal overreach beyond the agencies' statutory authority. Most environmental advocacy groups welcomed the proposed guidance, although some would have preferred a stronger document. The 2014 proposed rule would replace the existing 2003 and 2008 guidance, which remains in effect because the 2011 proposed guidance was not finalized. According to the agencies, the proposed rule would revise the existing regulatory definition of 'waters of the United States' consistent with legal rulings--especially the Supreme Court cases--and science concerning the interconnectedness of tributaries, wetlands, and other waters to downstream waters and effects of these connections on the chemical, physical, and biological integrity of downstream waters."
Library of Congress. Congressional Research Service
Copeland, Claudia
2014-03-27
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