Tthe Supreme Court issued its decision in Rapanos almost 8 years ago and EPA has been struggling ever since to figure out what “waters of the United States” are within the meaning of the Clean Water Act. After several failed attempts at guidance, EPA finally acknowledged that this issue is too important and too contentious for guidance – and that it merits formal notice and comment regulation. On March 25, EPA sent a proposed rule for publication in the Federal Register. It’s only 370 pages. Sounds like guidance to me.
Although one might have thought that defining waters… More