EPA, Army Corps draft new Clean Water Act guidelines that threaten to seize control of all water supplies
by: Jonathan Benson
Wednesday, May 04, 2011
On Wednesday, April 27, the Obama administration’s US Environmental Protection Agency (EPA) and US Army Corps of Engineers (ACE) jointly released a new draft guidance for the federal Clean Water Act that aims to dramatically expand both the scope of what constitutes a “water source,” as well as the legal power federal agencies can exert over those water sources.
If enacted, the proposal will basically allow the EPA and ACE to control any stream, pond, or even puddle that they determine “has a physical, chemical or biological connection” to any larger body of water, which includes even privately-owned water sources.
One of the biggest impacts of the guidance will be to reverse previous Supreme Court decisions that have established the proper constitutional limits on the scope of federal government regulatory authority over not only water, but other natural resources.