The wait for the new rule is now over! The EPA and Corps of Engineers have jointly issued the rule defining which waters are protected by the federal Clean Water Act, with the new rule largely reflecting historical interpretations arising from SCOTUS decisions.
Please click on this link for more in-depth information and analysis prepared by Michael Campbell from our Portland office. Stay tuned because a new waiting game has arrived as to when a challenge to this new rule will be brought (particularly likely if enforcement actions increase) and what the outcome of such a challenge will be.