Controversial Clean Water Act Rule Published

The Environmental Protection Agency and Army Corps of Engineers published a final rule on May 27, 2015 to redefine the critically important term "Waters of the United States" under the federal Clean Water Act.

• The rule explains the agencies' jurisdiction with respect to "tributaries" and "adjacent" waters and comes amidst considerable debate over where to draw the lines of federal permitting authority.
• The rule affects virtually every type of land development and resource utilization, especially in the West, where the Act's coverage over ephemeral and intermittent streams is particularly controversial.