Running head: CONGRESS COMMERCE POWER Do the waters of the United States rule recently proposed by the EPA and Army Corps of Engineers accurately describe the reach of congress commerce power? Submitted by: Student ID: Tutor’s Name: Date: Abstract The United States Army Corps of Engineers (the Corps) and United States Environmental Protection Agency (EPA) released a proposal in 2014 that was anxiously awaited by the citizens and other concerned groups (Bakst 2015; Majority 2016). The proposal aimed at revealing a rule that redefined the WOTUS (Waters of the United States) under the existing Act of clean water. This rule would change previous definitions of WOTUS under CWA jurisdictions. In August 2015 the proposed rule was implemented thus entering into effect. However the rule has not been warmly received by everyone over the past months many political and law advisors have presented different arguments to oppose the rule. The goo.gl [Accessed 23 Dec. 2016]. Bakst D. (2015). What You Need to Know About the EPA/Corps Water Rule: It’s a Power Grab and an Attack on Property Rights. [online] The Heritage Foundation. Available at: www.heritage.org [Accessed 23 Dec. 2016]. Copel C. (2016). EPA and the Army Corps’ “Waters of the United States” Rule: Congressional Response and Options. 1st ed. [ebook] Available at: www.fas.org [Accessed 23 Dec. 2016]. Hopkinson J. (2016). Obama's water war. [online] POLITICO. Available at: www.politico.com [Accessed 23 Dec. 2016]. Majority S. (2016). A Senate Report on the Expansion of Jurisdiction Claimed by the Army Corps of Engineers and the U.S. Environmental Protection Agency under the Clean Water Act. 1st ed. [ebook] Available at: www.epw.senate.gov [Accessed 23 Dec. 2016]. NACO (2016). New “Waters of the United States” Definition Released. 1st ed. [ebook] Available at: www.naco.org [Accessed 23 Dec. 2016]. Peterson D. (2016). 1st ed. [ebook] Available at: coastal.la.gov [Accessed 23 Dec. 2016]. [...]
The essay must answer the following question: The Clean Water Act was passed to improve the quality and biological health of the waters of the United States. Federal courts have struggled to clarify the meaning of “waters of the United States” and the jurisdiction of the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers, which are tasked with enforcing aspects of the law. Does the “waters of the United States” rule recently proposed by the EPA and Army Corps of Engineers accurately describe the reach of Congress’s commerce power? If so, explain why. If not, explain how a judge should determine the outer boundary of Congress's power. Formatting: The essay must comply with the Harvard Law Review Association’s Bluebook Uniform System of Citation (20th ed.). There is no page limit for entries, although a word count of 3,000 to 5,000 words is suggested. The essay must composed in Times New Roman 12-point font, double-spaced. Citations should be included in footnotes, and the essay may include headings and subheadings. Content: The essay should be adequately researched and properly supported by citations; effectively organized and articulately written; thorough, and addressing potential counterarguments, as well as persuasive and rigorous.