The Regulatory Review Reading List on Waters of the U.S. Rule

Across the country, water in one form or another is practically everywhere. But what qualifies as a “water of the United States,” and the regulation that comes with that designation? Late last month, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers released the Clean Water Rule, commonly referred to as the Waters of the U.S. rule. The long awaited rule, according to the EPA, aims to ensure that the country’s natural water resources are effectively preserved, while at the same time making the regulatory process more predictable and cost-effective for industry and business to navigate, by defining “waters” under the Clean Water Act. While many groups have welcomed the rule’s protection of water resources, others, including some farmers and industry parties, have criticized the rule as a regulatory overreach.

The Regulatory Review has culled together some useful resources for learning more about the rule, the legal backdrop leading up to it, and the impact it will have on various areas and people.

Government Sources:

• EPA website on the Clean Water Rule
• Proposed Rule in the Federal Register
• Public Comments to the Proposed Rule
• Definition of Waters of the United States
• Clean Water Rule Factsheets, highlighting the importance of the Clean Water Rule to various stakeholders
• Statement by the President on the Clean Water Rule

Academic Papers, Think Tank Reports & Op-Eds:

• The National Law Review- EPA Attempts to Clarify “Waters of the United States”
• Economic Analysis of the proposed revised definition of Waters of the United States on Nationwide Permitting in West Virginia
• The Wall Street Journal- EPA’s Amphibious Attack
• Georgia Farm Bureau, Waters of the US Toolkit
• Opinion: Reasons U.S. Needs Clean Water Rule
• Pittsburgh Post-Gazette- Clean Waters: EPA’s new streams rule is for the greater good
• Pacific Institute Think Tank Analysis
• Craft Beer Company to Congress: We Need the EPA’s Clean Water Rule
• Washington Post- Will Obama’s new Clean Water Act rule stir states to revolt?
• Politico- ‘Waters of the United States’ rule pits EPA against powerful industries
• Redefining “Waters of the United States”: Is EPA undermining cooperative federalism?

Legal Background on the Rule:

• Supreme Court decision in Rapanos v. United States and Carabell v. United States – June 19, 2006
• Supreme Court decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps – January 9, 2001
• Supreme Court decision in United States v. Riverside Bayview Homes, Inc. – December 4, 1985