The EPA and the Corps of Engineers released the highly controversial "waters of the U.S." rule to expand federal jurisdiction under the Clean Water Act. It has been up against great opposition from organizations, municipalities and States who believe it will be a great hindrance to economic development.
The final rule, ceremonially released by EPA Administrator Gina McCarthy and ASA(Civil Works) Jo-Ellen Darcy on the banks of the Anacostia River in Washington, will become effective 60 days after publication on the Federal Register. Publication will launch the much-anticipated legal appeals process, as various groups contemplate which federal district courts will be supportive of their views. Ultimately, this issue is expected to wind up before the U.S. Supreme Court, if Congressional efforts to kill it are not successful, notwithstanding EPA's attempt to repackage the jurisdictional expansion as the "clean water rule." The prepublication version of the waters of the U.S. rule can be viewed here:
