Thanks, EPA: Your New ‘Navigable Waters’ Rule Strengthens The Case Against Administrative Law

When Con­gress passed the Clean Water Act in 1972, it was exer­cis­ing its pow­er to reg­u­late inter­state com­merce by pro­hibit­ing dis­charges into the nation’s “nav­i­ga­ble waters.” If a body of water could be used to trans­port goods from one state to anoth­er, it was cov­ered by the Act. Like so many oth­er statutes enact­ed over the […]