ENVIRONMENTAL NEWS

August 2008

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Internal U.S. EPA Memo Details Clean Water Act Enforcement Problems: Congress Asks Questions

An internal U.S. Environmental Protection Agency (EPA) memorandum has surfaced that details impacts to EPA’s Clean Water Act enforcement program resulting from guidance issued by EPA and the U.S. Army Corps of Engineers (Corps) directing the agencies’ application of the Supreme Court’s decision in Rapanos v. United States. The memo, which shows that the Rapanos decision, as applied by the EPA and Corps, has significantly affected enforcement of the Clean Water Act, has some powerful Congressmen asking questions about the efficacy of EPA’s enforcement program.