Waters of the United States

The view of an Alabama stream from the cockpit of my favorite kayak

In case you missed it, The Navigable Waters Protection Rule: Definition of ‘‘Waters of the United States’’ was published in the Federal Register last week. 85 Fed. Reg. 22250 (April 21, 2020). The rule will go into effect on June 22, 2020.

Over the years, trying to figure out what is or is not a Water of the United States might best be described, using a famous Churchill quote, as a "riddle wrapped in a mystery inside an enigma". I have navigated those complex and constantly changing "waters" over the years when evaluating and permitting projects. In many ways the rule provides definitional clarity and better delineates where federal jurisdiction ends and state jurisdiction begins. Expect lawsuits from those who desire more expansive federal jurisdiction over isolated wetlands and ephemeral streams and acceptance from those who appreciate the streamlined permitting clarity.

A copy of the rule, fact sheets, and press release can be found via the following EPA link: https://www.epa.gov/nwpr/navigable-waters-protection-rule-step-two-revise

Primarium can help.