2014-07-15

The U.S. EPA and the U.S. Army Corps of Engineers (the ?Agencies) jointly announced on March 25, 2014 a proposed rule purportedly to clarify the Clean Water Act regulatory definition of ?waters of the United States? (?WOTUS?). Expressly offered in light of the U.S. Supreme Courts SWANCC and Rapanos decisions, the proposed rule posits that WOTUS are to consist of categorically included waters and certain other waters shown to, individually or collectively have a ?significant nexus? to a categorically regulated WOTUS.

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