U.S. Supreme Court,
Environmental & Energy,
Administrative/Regulatory
Jan. 30, 2020
Swimming in uncertainty: new regulations define “Waters of the United States”
The EPA has adopted new final regulations to redefine the term “waters of the United States.”
Marc R. Bruner
Partner
Perkins Coie LLP
Email: mbruner@perkinscoie.com
Marc represents governmental entities and private companies in a wide variety of environmental and land use matters arising under federal, state and local laws and regulations, including the Clean Water Act, the California Porter-Cologne Water Quality Control Act, the federal and California Endangered Species Acts, the National Environmental Policy Act and the California Environmental Quality Act.
On Jan. 23, the U.S. Environmental Protection Agency and Army Corps of Engineers jointly adopted new final regulations to redefine the term "waters of the United States." This term is critically important in demarcating the boundary between those waterbodies that are subject to federal enforcement and permitting authority under the Clean Water Act versus those waterbodies that instead are subject only to state and local jurisdiction. For waterbodies such as ephemeral ...
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