The EPA and US Army Corps of Engineers’ agency rule regarding the definition of “Waters of the United States” under the Clean Water Act increased jurisdictional assertions by as much as 5%. What’s the big deal? This violates the Home Rule of state and local governments. This violation also creates concerns where many property owners are not sure if they need federal permits to develop land under the Clean Water Act. With issues like this new Clean Water Act rule, the drought conditions in the Western U.S., and international concerns regarding fresh water, water law is a critical area which intersects with real estate law, municipal law, administrative law, and constitutional law. It is important that the public have some understanding of water law issues and interact with their elected representatives when critical issues like this arise.

This abstract was written after publication by 2023-2024 Et Cetera Editor-in-Chief Philip Shipman