^®: CRE Regulatory Action of the Week

CRE Files Comments on CWA Jurisdiction Guidance
EPA and the Corps of Engineers jointly proposed for public comment new guidance on their jurisdiction under the federal Clean Water Act. On July 29, 2011, CRE filed comments on this new guidance. CRE commented that

• EPA and the Corps should address this important issue through rulemaking, not guidance.
  
  
• EPA and the Corps should not assume relevant studies in the peer-reviewed literature are accurate and reliable. CRE suggested an alternative analysis to determine whether peer-review literature should be used to determine CWA jurisdictional issues and facts.