December 03, 2013 Articles

How Water Connectivity May Be Used to Expand CWA Jurisdiction

A basic scientific premise could turn the tide of this controversial issue.

By Megan E. Baroni – December 3, 2013

The scope of Clean Water Act (CWA) jurisdiction is a controversial and often litigated issue. For over a decade, courts have been slowly but steadily scaling back on the interpretations of that jurisdiction of the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers. But a recent draft scientific study on the connectivity of water and an associated rulemaking seem to be turning the tides.

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