Environmental

Is that Wetland Jurisdictional? A Practical Guide to the New Clean Water Rule

By Channing J. Martin, Partner, Williams Mullen

The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.” It became effective on August 28, 2015, so you need to understand what it means for you. The new rule – issued, in part, as a result of the regulatory morass created by the U.S. Supreme Court’s decision in United States v. Rapanos, 126 S. Ct. 2208 (2006) (“Rapanos”) – [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance], is intended to make it easier to determine what’s subject to federal jurisdiction and what’s not. Does it? Read on.

This article begins by examining the long and winding road through the courts that got us here. It then describes the basic parameters of the Clean Water Rule and some of the practical difficulties concerning its implementation. Finally, it describes the litigation that has already been filed challenging the rule and looks at what’s to come.

Click here or on the image below to read the complete guide.

 

 

 

 

 

 


About Williams Mullen

With approximately 225 attorneys practicing in over 30 practice areas, Williams Mullen provides comprehensive legal services to regional, national and international clients. Their clients include multinational Fortune 500 companies, private family-owned businesses, nonprofit organizations and government entities.  From offices in North Carolina, Virginia, Washington D.C. and London, Williams Mullen attorneys bring skills and experience to solving the legal needs of their diverse client base.

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  • In connection with the ever-growing needs in industry and agriculture, freshwater is facing the challenge of preserving existing water resources. After all, the proper human needs of water, as shown by <a href="jetwriters.com/.../a> statistical data, are not bad on the globe. It is known that as much as 70% of the Earth is covered with water. About 95% of it is occupied by seas and oceans, 4% by Arctic and Antarctic ice, and only 1% is fresh water and lakes. Significant water sources are underground, sometimes large depths.