EPA Administrator Gina McCarthy has been forceful in claiming EPA's definition of "waters of the United States" is merely a clarification and not an expansion of EPA's authority. You can decide whether EPA is expanding its jurisdiction.
EPA further claims it is reducing confusion and reducing transaction costs for the regulated community and government agencies.
Gary H. Baise is a principal at OFW Law (Olsson Frank Weeda Terman Matz P.C.). This article first appeared in Farm Futures magazine. The opinions presented here are expressly those of the author. For more information, go to www.OFWlaw.com.