Last week, it was reported that EPA had announced that it had sent a proposed rule to the White House for interagency review and public comment. According to senior EPA officials, the rule, crafted by both the EPA and the Army Corps of Engineers, will provide greater clarity about which waters are subject to Clean Water Act (CWA) jurisdiction and greater certainty about which activities require CWA permits. In particular, the rule is aimed at small waterways that may dry up during some ...

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