NEW WATERS OF THE U.S. RULE SENT TO OMB
The Environmental Protection Agency’s sweeping new rule broadening the definition of jurisdictional waters of the United States has been sent to the Office of Management and Budget (OMB) for review. The EPA is pressing forward and will finalize the new rule despite receiving more than 900,000 comments and substantial Congressional opposition. The new definition would assert federal jurisdiction over marginal waters like dry streambeds and man-made ditches. OMB review is the last step before the rule is finalized.
OMB has the ability to approve the rule as is or ask the Environmental Protection Agency (EPA) to make changes before resubmission. Typically OMB reviews take two months or more, although reviews can be shorter or longer. Once approved, the rule will be released as a final rule in the Federal Register. EPA Deputy Assistant Administrator for Waters Ken Kopocis has promised that the rule will be fully implemented by Oct. 1.
This rule will be devastating to private landowners, developers, and potentially catastrophic for the American economy. Our friends over at NSSGA make it easy to contact your congressman and weigh in to prevent this rule from taking effect.