On February 7 NAR signed on to the Waters Advocacy Coalition (WAC) comments regarding the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ Proposed Revised Definition of “Waters of the United States.”
Over several decades, the U.S. Environmental Protection Agency’s and the U.S. Army Corps of Engineers’ together, the “Agencies”) have sought to expand the definition of “waters of the United States” through regulations and guidance documents. The Supreme Court has had to intervene on two occasions to curb the Agencies’ overreach and reinforce the limits that Congress placed on their regulatory authority under the CWA. Nonetheless, with this latest Proposal, the Agencies are back to testing the outer limits of their authority by, among other things, articulating as broad a view of the “significant nexus” standard from Justice Kennedy’s concurring opinion in Rapanos as the Agencies have ever taken.
WAC Coalition Comments to EPA Regarding Proposed Revised Definition of WOTUS
Issue Date: February 07, 2022
On February 7 NAR signed on to the Waters Advocacy Coalition (WAC) comments regarding the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ Proposed Revised Definition of “Waters of the United States.”
Over several decades, the U.S. Environmental Protection Agency’s and the U.S. Army Corps of Engineers’ together, the “Agencies”) have sought to expand the definition of “waters of the United States” through regulations and guidance documents. The Supreme Court has had to intervene on two occasions to curb the Agencies’ overreach and reinforce the limits that Congress placed on their regulatory authority under the CWA. Nonetheless, with this latest Proposal, the Agencies are back to testing the outer limits of their authority by, among other things, articulating as broad a view of the “significant nexus” standard from Justice Kennedy’s concurring opinion in Rapanos as the Agencies have ever taken.
Download the Comments