Published in Last Word, June 4, 2014
The Environmental Protection Agency and United States Army Corps of Engineers are proposing to define the scope of the Clean Water Act beyond navigable and interstate waters to include upstream tributaries, adjacent wetlands and other waters that could impact the chemical, physical or biological integrity of those waters.
Federal jurisdiction over these waters has been questioned in several Supreme Court decisions, leading to uncertainty for the regulated community and inconsistent determinations by agency officials.
ACEC is requesting member feedback on how this proposed regulation could impact the services they provide to clients.
Groups in construction, manufacturing, mining, agriculture, housing and real estate have already expressed concerns about a significant expansion of federal permitting authority.
Click here for a copy of the proposed rule and instructions for submitting comments. The deadline for public comments is July 21.
Contact Keith Pemrick or Matt Reiffer to provide feedback for the development of the Council’s comments.
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