February 26th, 2015

Last year, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers jointly proposed expanding the interpretation of “isolated wetlands.” The proposed rule is designed to clarify issues raised in Supreme Court decisions that created uncertainty over the definition of jurisdictional waters under the Clear Water Act (CWA). The proposed changes would expand the range of waters that fall under federal jurisdiction. If the broadening of the definition happens, developers will see increased regulation of properties with isolated wetlands. Some previously “exempt” properties will require permits and more acres of mitigation might be required for full development. Read More »