DETROIT – Two federal agencies have proposed changes to the Clean Water Act that would give the government greater control over how individuals, businesses and municipalities use the ?Waters of the United States.? If approved, the proposal could create regulatory headaches for property owners and businesses, hurt property values and open the door to third-party lawsuits over water-related issues.
In a pre-publication proposed rule released March 25, 2014, the United States Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACE) propose to redefine ?Waters of the United States? in a manner that would expand agency jurisdiction under all federal Clean Water Act (CWA) programs.
The EPA crafted the proposed rule in an effort to clarify the reach of the CWA after the U.S. Supreme Court?s decision in Rapanos v. United States. The Rapanos decision created some confusion about the tests regulators should use to determine whether certain waters are subject to regulation under the Clean Water Act.
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