Legal Alerts Apr 20, 2020

Final Rule Narrowing Clean Water Act Jurisdiction to be Published Tomorrow

EPA and Army Corps of Engineers New “Waters of the U.S.” Definition Takes Effect on June 22*

On Tuesday, the Federal Register will officially publish the Environmental Protection Agency and Army Corps of Engineers final rule establishing a new definition of “Waters of the United States” that are protected by the Clean Water Act. The final rule is set to take effect 60 days after publication, on June 22.
The new rule, called the “Navigable Waters Protection Rule: Definition of Waters of the U.S.,” will narrow the scope of Federal jurisdiction under the Clean Water Act. As discussed in our previous Legal Alert about the draft of the final rule, the rule will affect public agencies, private property owners and other sectors within the water, infrastructure and agricultural industries. The final rule will replace the 2015 “Clean Water Rule,” which was repealed in December 2019.
If you have questions or concerns about the final rule, please contact the authors of this Legal Alert listed at the right in the firm’s Environmental Law & Natural Resources practice group or your BB&K attorney.
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Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué

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