In April 2014, the U.S. Army Corps of Engineers and the EPA proposed a rule to broaden the jurisdiction of the Clean Water Act to include wetlands adjacent to other covered waters, such as tributaries.

Depends who you ask.

Congress enacted the Clean Water Act (CWA) in 1972 to "restore and maintain the chemical, physical and biological integrity of the nation's waters." President Nixon vetoed it, but Congress over rode the veto and enacted the law.

The CWA has two prongs:
1. Federal financial assistance for municipal sewage treatment plant construction.
2. Regulatory requirements (compliance) for discharge of pollutants and dredged materials by industry and municipalities.

CWA was implemented as a federal-state partnership in which EPA and the Corps provided the "regulatory floor." States receive approval from EPA to administer state water quality programs. Currently, 46 states have National Pollutant Discharge Elimination System (NPDES) approved programs under the CWA; only two states have approved dredge or fill programs under the Act.

The CWA limits federal jurisdiction to "navigable waters," a concern for environmentalists, as this would allow the discharge of pollution into smaller waterways. The George Bush Administration, not known for its environmental stewardship, argued for broader CWA protection, but was thwarted in its efforts.

Two Supreme Court cases https://tinyurl.com/nms33vo (you're welcome to wade through the 25 pages detailing those decisions) attempted to define that scope, but has only caused more confusion.

In April 2014, the Corps and the EPA proposed a rule to broaden CWA jurisdiction to include wetlands adjacent to other covered waters, such as tributaries. According to federal authorities, would not change exemptions that farmers and ranchers already get. The proposed rule also exempted waste treatment ponds, upland ditches, artificial lakes and ornamental lagoons from regulation.

This suggested expansion cause apprehension in some quarters and a good deal of misinformation to the extent that EPA created a website called "Ditch the Myth" https://tinyurl.com/phxeywd to present the facts.

Despite these assurances, on July 11, 2014, Rep. Steve Southerland (R-FL), whose state has 11.4 million acres of wetlands, but has lost half of its wetlands, introduced bill H.R. 5078"?uthe "Waters of the United States Regulatory Overreach Protection Act of 2014."

The House passed H.R. 5089 on Sept. 9, 2014. The act prohibits the Corps and EPA from:
• developing, finalizing, adopting, implementing, applying, administering, or enforcing the proposed rule entitled, "Definition of 'Waters of the United States' Under the Clean Water Act," issued on April 21, 2014, or the proposed guidance entitled, "Guidance on Identifying Waters Protected By the Clean Water Act," dated February 17, 2012; or
• using the proposed rule or proposed guidance, any successor document, or any substantially similar proposed rule or guidance as the basis for any rulemaking or decision regarding the scope or enforcement of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).

The bill has been sitting on the Senate legislative calendar since 9/11 2014.