Gunster attorney Gregory M. Munson provides a primer on the final clean water rule that goes into effect August 28 – specifically, on two provisions that will extend its reach significantly, especially in Florida.
The Clean Water Act, which applies to all waters of the United States, was published in draft in April 2014 and finalized a month ago by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers, Munson writes. Two new provisions of the finalized rule state that the Act will cover tributaries and waters with a "significant nexus" to waters that most people would agree fall under classification as "waters of the U.S."
These provisions, Munson says, will require more water be categorized as "waters of the U.S." and thus developers in the state will be subjected to federal permitting and mitigation requirements more often than they already are.
In addition, he points out, the expanded reach of the Act may increase third-party environmental litigation, already robust in the state.
Read the entire article, including what businesses can do: Florida will go with the flow on EPA 'Waters of the U.S.' rule (Law360, 7/23/15) (subscription required).
