Professor Lin Comments for Illinois Public Media on ‘Waters of the U.S.' Rule
Professor Albert Lin commented for Illinois Public Media on the "Waters of the U.S. rule" that seeks to clarify which bodies of water federal agencies can regulate. The rule has drawn criticism for its protections for seasonal and rain-dependent streams, which some have claimed could lead to federal regulation of farm drainage ditches and seasonal puddles.
"It's worth noting that the statute itself provides explicit exemptions for certain agricultural operations, such as the discharge of dredge or fill from normal farming operations or irrigation-return flows. These exemptions are found in the statue itself, and so could not be changed by an agency rule."
"If we had a mere puddle, a puddle with no sort of connection to any waters of the United States, that would not be regulated," Lin said. "I think that's clear, and I don't think there's any desire to regulate that."
Albert Lin is a professor at the UC Davis School of Law with special interests in environmental law, natural resources law, and evidence.