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As previously reported (see our April 22, 2014, Legal Alert here), the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have jointly proposed a regulation re-defining the term “waters of the United States.” If adopted, the regulation would potentially extend the limits of federal regulatory and enforcement jurisdiction under the Clean Water Act. In response to requests from stakeholders, the agencies have extended the period for submission of comments on the proposed regulation from July 21, 2014, to October 20, 2014. If you have questions or concerns about the draft regulations, please contact David Cooke.
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