THE FEDERALIST SOCIETY: Redefining “Waters of the United States”: Is EPA Undermining Cooperative Federalism?

By Karen Bennett (Hunton & Williams LLP environmental counsel) and John Henson (Hunton & Williams LLP associate)

This article discusses the Environmental Protection Agency’s “Waters of the United States” Rule under the Clean Water Act. As always, The Federalist Society takes no position on particular legal or public policy initiatives. Any expressions of opinion are those of the authors. Generally the Federalist Society refrains from publishing pieces that advocate for or against particular policies. However, in some cases, such as with this article, we will do so because of some aspect of the specific issue. In the spirit of debate, whenever we do that we will offer links to other perspectives on the issue, including ones in opposition to the arguments put forth in the article. We also invite responses from our audience.

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