Yesterday, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers released a final rule defining the scope of waters protected under the Clean Water Act, or “waters of the United States.” EPA has posted details at epa.gov/cleanwaterrule.
The rulemaking process has been mired in controversy, and the final rule will face significant challenges. WilmerHale’s Energy, Environment and Natural Resources Group is continuing to review the implications of these developments and will provide an analysis for clients in the future. In the meantime, the group is available to address questions.
