On April 15, 2019, Washington Legal Foundation filed formal comments with the Environmental Protection Agency and the Army Corps of Engineers (collectively, “Agencies”) in response to a request for stakeholder input on the new definition of “waters of the United States” in the Clean Water Act (CWA). WLF’s comments applaud the Agencies’ efforts to develop a clear and narrow definition that would provide clarity to landowners, replacing the current patchwork framework. WLF supports returning significant regulatory power to States and Tribes, who are in the best position to address pollution issues within their borders. WLF’s comments urge the Agencies to provide very clear meanings so as to prevent spurious reinterpretation whenever an administrator seeks to regulate a body of water.
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