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September 3, 2014

Will a New EPA Water Rule Affect Your Business? Let MSCI Know.

In April 2014, the U.S. Environmental Protection Agency proposed a rule that would redefine which bodies of water are protected under the 1972 Clean Water Act. As National Journal reports, a provision in the draft rule “says EPA and the Army Corps would be allowed to decide on a caseby- case basis whether to regulate wetlands and other waters that are not directly connected to running streams and rivers but have ‘a significant nexus to a traditional navigable water, interstate water, or the territorial seas.’” Opponents of that provision say it will increase uncertainty and could potentially give the EPA more control over private lands. To give Americans a better sense of what waters could be regulated, last week the U.S. House Committee on Science, Space and Technology released previously-undisclosed EPAmaps for every state. In an email to members, the National Association of Manufacturers argued, “It is evident by these maps that the EPA’s view of a waters of the U.S. is far broader then they have previously claimed.” In a letter to EPA Administrator Gina McCarthy, Science Committee Chairman Lamar Smith (R-TX) agreed. NAM has told MSCI it is looking for examples of how this rule will impact the manufacturing sector. If you are willing to provide examples, please contact Jonathan Kalkwarf so he can facilitate these discussions.