The Environmental Protection Agency and U.S. Army Corps of Engineers published a final rule detailing the extent of federal jurisdiction under the Clean Water Act in the Federal Register this week. The 60-day effective date clock starts upon publication, making the rule effective August 28, 2015. With the rule now final, there are likely to be many implementation questions, concerns and even new guidance. AGC is working to update information on the Construction Industry Compliance Assistance Center with the latest available resources. However, AGC’s efforts to inform its members on the new rule will span several months as it becomes clearer how the rule will be implemented.
Immediately following official publication, several states began filing lawsuits. In total, 27 states across four separate suits have taken legal action against the administration’s rulemaking. The suits are varied in their reasoning, some alleging usurpation of state responsibility for management of certain waters, some discussing the overly expansive definition of tributary, and others claiming the rule violates the CWA, the National Environmental Policy Act and the Constitution.
For more detailed information regarding the final rule & subsequent lawsuits, pleaseclick here.
For more information contact Scott Berry at (703) 837-5321 or berrys@agc.org.Return to Top