EPA Fires Back about Expansion Talk

The US Environmental Protection Agency (EPA) and US Army Corp of Engineers responded to criticism of its proposed definition of “waters of the United States” which determines whether a body of water or waterway is subject to Federal jurisdiction.

Articles and posts from law firms and mainstream media described the proposed definition as an expansion (click here for my prior post).

In an online response (click link here), the EPA sets out its position that its proposed definition is not an expansion of coverage but simply clarifies the existing definitions.

The interpretation of the definition will likely be battled in the courts where each of the EPA and its opponents have won and lost important cases (click here and here).