The U.S. Environmental Protection Agency (USEPA) recently promulgated the new Clean Water Rule for the stated purpose of protecting “the streams and wetlands that form the foundation of the nation’s water resources.” The Rule includes a definition of “waters” of the United States which has far-reaching effects on water use by businesses and municipalities.
Various agencies have sued the USEPA, claiming the Rule excessively expands the federal government’s control over small waterways, such as streams and wetlands, and diminishes individual states’ power over intra-state waters. One federal court has already granted a preliminary injunction prohibiting the implementation of the Rule in certain states. This Rule is certain to engender more controversy and litigation, and its implementation is uncertain at this time.
Ally Law member firms are experienced in water rights regulation and can advise on strategies for analyzing regulations impacting your business or city. For more information about our services in this area, contact us at yourally@ally-law.com.
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Articles by Evans & Dixon LLC and Vorys, Sater, Seymour & Pease LLP.
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