Law360, New York (October 15, 2015, 2:38 PM EDT) -- With its most recent regulation under the Clean Water Act, the “waters of the United States” rule, the federal government has asserted authority over nearly every drop of water on land in the United States. Previously under the Clean Water Act, only water with a significant nexus to traditional navigable waterways could be regulated. The U.S. Supreme Court in Rapanos v. United States specifically stated that isolated tributaries did not fall within the meaning of “waters of the United States” under the Clean Water Act.
The U.S. Environmental Protection Agency now says these waters, and many more, do. In fact, given...
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