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Déjà Vu All Over Again: Re-redefining Waters of the United States Under the Clean Water Act

01.15.19

Charles Sensiba

Morgan M. Gerard

Partner Chuck Sensiba and associate Morgan Gerard were published in The Water Report, a monthly newsletter dedicated to water law, water rights and water quality in the western United States. Their article, “Déjà Vu All Over Again: Re-redefining Waters of the United States Under the Clean Water Act,” highlights a new proposed rule that would modify the definition of “waters of the United States” (WOTUS) or “navigable waters.” The CWA prohibits the discharge of any pollutants, including dredged or fill material, into these “navigable waters” without a permit. They write, “If promulgated as written, the new rule will significantly narrow the number of waterways and wetlands that fall within the jurisdictional scope of the federal Clean Water Act (CWA or “Act”), 33 U.S.C. 1251 et seq., and reverse the expansions adopted under the Obama Administration’s waters of the United States rule.”
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