Proposed EPA Rule Seeks to Limit Federal Oversight of Non-Navigable Waters

The Environmental Protection Agency (EPA) on Nov. 17 unveiled a proposed rule that would trim federal regulatory oversight of the nation’s non-navigable waters under the Clean Water Act, a revision conceding “states and tribes know their local land and water resources best.” When finalized, the EPA said the revised rule “will cut red tape and provide predictability, consistency, and clarity for American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners for permitting.” The proposed rule would revise the Waters of the United States regulations imposed in the 1972 amendments to the Clean Water Act. The amendments established federal jurisdiction over “navigable waters,” a relatively simple concept similar to regulating interstate commerce that, in recent decades, has become a watershed of litigation over defining exactly which waters are subject to such oversight....