Kutak Rock attorney Jad Davis authored an article entitled “Meet the ‘waters of the United States’” published in the May 29, 2015 issue of the Los Angeles Daily Journal, a national journal for legal professionals.
Congress is debating legislation and the U.S. Supreme Court issued opinions dealing with the Environmental Protection Agency’s desire to expand its jurisdiction under the Clean Water Act (CWA). Davis’s article outlines the legislative, administrative and judicial decisions. He explains the proposed April 2014 rule to expand the CWA’s definition of the “water of the United States” in the final rule published on May 27, 2015. Davis notes that the final rule does not establish regulatory requirements, but defines the “waters of the United States” and explains the implications of this rule. The article discusses the history of the ambitious efforts to expand federal jurisdiction under the CWA; and examines the effects and issues this broad definition can have on regulatory measures. Davis also illustrates the complexities of water regulation and offers likely next steps from the federal government on this issue.
Davis is a partner in firm’s Irvine and Los Angeles offices and focuses his practice on environmental law. He advises clients on a wide range of regulatory compliance and environmental enforcement matters and represents clients in state and federal courts as well as before various state, regional and local agencies in lawsuits alleging an array of soils, water and air contamination.