The Absurd Reach of EPA’s/USACE’s Clean Water Act Jurisdictional Rule
On April 21st, the Environmental Protection Agency and the U.S. Army Corps of Engineers proposed to “clarify” federal jurisdiction pursuant to the Clean Water Act. Logically, the purpose of a regulatory interpretation is to elucidate the rules of the game. EPA’s/USACE’s rule, alas, does the exact opposite. Instead of clearly defining the limits of federal authority, the proposal would establish a haphazard regime whereby a regulator would determine, on a case-by-case basis, whether a given body of water possessed a “significant nexus” to navigable waters and were therefore subject to federal jurisdiction. In practice, the test is so amorphous that every ditch, vernal pond, playa lake, mudflat, sandflat, and slough could easily fall under the EPA’s jurisdiction.
Source: http://www.globalwarming.org/2014/12/16/the-absurd-reach-of-epasusace-clean-water-act-jurisdictional-rule/
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