Perspectives on the Proposed Rule Defining “Waters of the United States” Under the Clean Water Act

On April 21, 2014, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers
jointly released a proposed rule to clarify protection for streams and wetlands under the Clean Water
Act. Determining Clean Water Act jurisdiction over streams and wetlands has been mired in confusion
following a series of U.S. Supreme Court decisions. The agencies issued the proposed rule in response to
calls from judges, lawmakers, government officials, corporate representatives, environmentalists, and
other stakeholders to bring greater clarity. To address these concerns, the Environmental Law Institute
(ELI) held a seminar, “Will the New WOTUS Rule Float?,” on May 22, 2014, to bring together a
range of perspectives on this controversial topic.