The New Water Rule And Its Potential Ripple Effect

By Christopher Thomas and Andrea Driggs (December 14, 2018, 1:59 PM EST) -- In a jubilant press conference, awash with references to "federalism" and "common sense," the U.S. Environmental Protection Agency and Army Corps of Engineers proposed, on Dec. 11, 2018, to dramatically reduce the "waters of the United States" subject to Clean Water Act jurisdiction. The agencies' proposed rule,[1] if it survives public comment and the inevitable lawsuits, would put an end to the Obama administration's Clean Water Rule.[2] It likely would also spell doom for the definitional approach fervently embraced in the 2015 rule-making, Justice Anthony Kennedy's "significant nexus" definition....

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