Boiling Down EPA Rule Defining Waters of U.S.

On April 21, 2014, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a proposed rule on the definition of "Waters of the United States" Under the Clean Water Act (CWA), to clarify the federal government's jurisdiction over certain waters. The proposed rule is the latest step in a long-time clash over the jurisdictional reach of CWA, and has potential to be the most consequential regulatory issue for agriculture in decades.

In an article featured in Feedstuffs, FaegreBD partner Chris Dolan, and FaegreBD Consulting advisor Brad McKinney and managing advisor Luke Tomanelli, offer an in-depth explanation of the proposed rule, including the history that led to where it stands now, court cases that have shaped the rule, what the rule actually says and the key concerns of the agriculture industry.