Waters Of The United States

EPA And Corps Issue Rule Defining “Waters Of The U.S.”

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On June 29, 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) published a final rule defining “waters of the United States.”

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In a succinct memorandum issued on January 29, 2015, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) formally withdrew the proposed “Waters of the United States” rule. Signed on March 25, 2015, and published in the Federal Register on April 21, 2014, (79 Fed. Reg. 22187) the proposal sought to interpret and clarify the waters of the United States subject to Clean Water Act (CWA) jurisdiction, particularly with respect to farming practices over which EPA may exert CWA jurisdiction.