Op-EdNew rule to ensure water quality

Over a decade ago, the U.S. Army Corps of Engineers and the Environmental Protection Agency faced court challenges from industrial developers contesting the agencies’ interpretation of the protective reach of the Clean Water Act.

Two resulting Supreme Court rulings questioned the federal law’s application to small streams lacking year-round flow, or to wetlands and headwaters “isolated” from traditionally “navigable” waters.

Following the rulings, a Bush administration agency guidance left most of the country’s small streams and wetlands vulnerable to unmitigated pollution, development, burial under mountaintop mining waste or other degradation. More...


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