A Different Take On “Draining the Swamp”: President Trump Issues Executive Order Directing Reconsideration and Narrowing of Waters of United States Rule

The Waters of the United States Rule: Under the CWA, dredge spoils (rock and sand released by dredging) are included in the definition of “pollutant” under 33 U.S.C. § 1362(6), and a permit must be issued by the Army Corps of Engineers before dredged or fill material may be discharged into “navigable waters” under Section 404 of the Act (33 U.S.C. § 1344). The Act defines “navigable waters” to include “the waters of the United States, including the territorial seas.” 33 U.S.C. § 1362(7). Since its enactment in 1972, the Army Corps of Engineers and U.S. EPA have struggled to come up with an acceptable definition for the term “waters of the United States.”…

For Full Article…

Leave a comment

Your email address will not be published. Required fields are marked *