The US EPA and Army Corps proposed a new rule on Tuesday, March 25, seeking to clarify the scope of waters protected under the Clean Water Act in light of decisions of the U.S. Supreme Court in SWANCC and Rapanos. The categories of waters in the proposed definition (including tributaries and adjacent waters) would be jurisdictional waters of the US by rule, with no additional analysis required. In addition, “other waters” (those not fitting in any of the defined categories) would be determined to be “waters of the United States” through a case-specific showing that they have a “significant nexus” to a traditional navigable water, interstate water, or the territorial seas. The official version of the proposed rule is pending publication in the Federal Register. A copy of the unofficial proposed rule can be found here: 2014.03.25 epa proposed CWA rule
