Navigating 'Waters Of The United States'

Law360, New York (May 4, 2011, 6:23 PM EDT) -- On April 27, 2011, the Obama administration issued draft guidance clarifying how the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers will identify “waters of the United States” covered by the Clean Water Act.[1] The draft guidance seeks to significantly expand the federal government’s jurisdiction over wetlands and isolated waters in the United States.

While the draft guidance makes clear that “it is not a rule, and hence it is not binding and lacks the force of law,” the agencies’ interpretation of “waters...
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