by Daren Bakst
The Heritage Foundation
January 09, 2014
The Environmental Protection Agency (EPA) and the Army Corps of Engineers have drafted regulations that would clarify what kinds of bodies of water are covered under the Clean Water Act (CWA). This new definition would serve as the foundation of the CWA, determining the reach of the federal government’s jurisdiction under this law. The EPA is developing a scientific study that is supposed to answer many of the questions that need to be addressed in formulating policy for these regulations. However, instead of waiting until its scientific report is completed, the agency has sent its proposed rules to the Office of Management and Budget for its review while the report is still in draft form. This premature action will undermine the scientific study and any final rules that are eventually developed.

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