EPA Proposed Rule Admits What Agency Has Done For Years

Law360, New York (February 11, 2014, 5:03 PM EST) -- In a proposed rule leaked to public sources on Nov. 14, 2013, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers provide a definition of “waters of the United States” and other terms in support of its definition. The proposed regulation was immediately described by some, including members of Congress, as a “power grab.” It is perhaps more accurately a tacit recognition of what the agencies, and particularly EPA, have been doing for more than four years.

The issue addressed by the proposed rule...
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