EPA draft guidance on how to identify water bodies subject to Clean Water Act (CWA) jurisdiction was leaked to the trade publication Inside EPA. The leaked guidance was sent to OMB for review in December 2010. If implemented, it would supersede 2008 Bush administration guidance and “significantly” expand the scope of the CWA.
House Republicans included language to prevent EPA from working on this draft guidance in the House passed continuing resolution to fund government for the remainder of FY 2011.