The Necessity Of Rulemaking In CWA Jurisdiction

Law360, New York (February 7, 2011, 2:06 PM EST) -- Here we go again. On Dec. 20, 2010, the Office of Management and Budget posted notice that it is in the process of reviewing “Clean Water Protection Guidance.” The reference is to the latest of a long series of guidance documents issued by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to clarify the jurisdictional reach of the Clean Water Act.

This new guidance is guaranteed to stir controversy whenever it hits — not only because of its content, but also because...
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