Ep: 086 - Defining 'Waters of the United States': A Supreme Court Decision

ENVIRONMENTALLY SPEAKING

This week we are discussing a recent US Supreme Court case that raises questions about the outer limits of the Clean Water Act and what constitutes "waters of the United States." The proposed rule suggests that there must be a continuous and unbroken surface water connection between bodies of water, but this definition raises questions about how to deal with certain types of water. We also talk about various other cases that addressed the application of the Clean Water Act to wetlands and navigable waters, and how the Supreme Court is further defining the federal government's jurisdiction on a case-by-case basis. We also cover practical questions on how to implement the decision-making process and who these agents will be. Finally, we touch upon what impact this will have on Rhode Island and discuss what is meant by "water of the United States."