Clean Water Rule: Definition of ‘‘Waters of the United States’’; Final Rule

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are publishing a final rule defining the scope of waters protected under the Clean Water Act (CWA). The new rule revises the existing administrative definition of “waters of the United States” consistent with the CWA, legal rulings, the agencies’ expertise and experience, and science concerning the interconnectedness of tributaries, wetlands, and other waters and effects of these connections on the chemical, physical, and biological integrity of downstream waters. Waters that are “jurisdictional” are subject to the multiple regulatory requirements of the CWA. Non-jurisdictional waters are not subject to those requirements. The rule becomes effective on August 28, 2015.