If you missed parts one and two of this discussion about EPA Clean Water Act regulations, view EPA's Water Police, Part One: Coming to Your Farm? and Water Police, Part Two: EPA Proposal Won't Help Ag.
EPA Administrator, Gina McCarthy, commenting on the new definition of what constitutes a water of the United States says, "To be clear: our proposal does not add to or expand the scope of waters historically protected under the Clean Water Act."
Well, as Ronald Reagan would say, let's examine how EPA defines a "tributary." Then consider what Ms. McCarthy is saying.
Gary H. Baise is a principal at OFW Law (Olsson Frank Weeda Terman Matz P.C.). This article first appeared in Farm Futures magazine. The opinions presented here are expressly those of the author. For more information, go to www.OFWlaw.com.