The question of which streams, lakes, wetlands and other water bodies across the U.S. should receive federal protection under the Clean Water Act has been a major controversy in environmental law over the past 20 years. The latest twist came on Sept. 9, 2019, when U.S. Environmental Protection Agency Administrator Andrew Wheeler and Army Assistant Secretary R.D. James signed a final rule repealing the Obama administration's “Clean Water Rule.”
This regulation was intended to resolve uncertainty created by a fractured 2006 Supreme Court decision, Rapanos v. United States. The Rapanos ruling caused widespread confusion about which waters were covered, creating uncertainty for farmers, developers and conservation groups.
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