Constitutional scholar Paul Larkin concludes:
The EPA–USACE rule has proved to be quite controversial, principally because it effectively treated as one of the “waters of the United States” virtually any body of water, however remote the connection to navigable waters.
Given the current state of the regulatory environment do EPA and the Corps of Engineers really want to indict and convict US citizens for de minimis actions which by definition have no or little environmental consequences? It is best that both organizations stand back and look at the forest, not the trees.
