EPA Finalizes “Waters of the U.S.” Rule


Source: SOCMA
Related Topics: Clean Water Act
Yesterday, EPA Administrator McCarthy signed the controversial “Waters of the U.S.” final rule, which EPA contends clarifies the scope of The Clean Water Act but which its many critics argue does anything but and in fact significantly expands that scope in some areas. (The rule can be found here.)  The rule still faces intense opposition in Congress – earlier this month, the House of Representatives passed legislation (H.R. 1732), in a 261-155 vote which would force EPA and the Army Corps of Engineers to withdraw and repropose the joint final rule.  The Senate is considering similar, although more specific, legislation, which would require EPA and the Corps to issue a revised rule by December 31, 2016 and would outline the types of waters that would not be subject to the CWA requirements.  The Administration, however, has threatened to veto such legislation, and it seems unlikely that there would be enough support in Congress to override a presidential veto.

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