On April 21, 2014, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers jointly released a proposed rule to clarify protection for streams and wetlands under the Clean Water Act. Determining Clean Water Act jurisdiction over streams and wetlands has been mired in confusion following a series of U.S. Supreme Court decisions. The agencies issued the proposed rule in response to calls from judges, lawmakers, government officials, corporate representatives, environmentalists, and other stakeholders to bring greater clarity. To address these concerns, the Environmental Law Institute held a seminar, "Will the New Waters of the United States (WOTUS) Rule Float?," on May 22, 2014, to bring together a range of perspectives on this controversial topic. Below, we present a transcript of the event, which has been edited for style, clarity, and space considerations.
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