September 10, 2018

“Waters of the United States”: Practical advice on determining jurisdiction

Neal McAliley

The geographic scope of Clean Water Act jurisdiction, always murky, is more muddled than ever. Until the Trump administration promulgates—and the courts uphold—new regulations delineating the “waters of the United States,” private parties have no clear guidance for determining whether any given water is federally regulated under the act. This article discusses their options in the absence of certainty.

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