Does this picture show a waterbody that should fall under federal protection pursuant to the Clean Water Act?

Do you believe this is a stream that has a "significant nexus" to a navigable waterway (current test established under Rapanos by Supreme Court Justice Kennedy)

Is it reasonable to require a Federal Section 404 and State

The Science Advisory Board (SAB) has provided advice and comment on EPA’s proposed rule that defines which streams and wetlands are federally regulated.  The SAB’s comments are interesting in two ways:

  • Despite comments that EPA’s proposal pulls under federal regulation way too many waterways, SAB believes there are too many exceptions in the EPA’s proposal;