Akerman Partner Rick Leland provides an overview and commentary in a new Law360 article on a bill introduced in October by four members of the U.S. House of Representatives that would expand the definition of what constitutes "waters of the United States" (WOTUS). In the article, Leland, whose practice includes environmental law, explains that what constitutes WOTUS as defined in the Clean Water Act has been grappled with by Congress, the courts, and related agencies for decades, a point illustrated by the fact that the House bill follows a U.S. Supreme Court decision made earlier this year that narrowed the WOTUS definition.

"It is questionable whether the sponsors of this legislation would be able to garner enough votes from Republican members to enable its passage," Leland writes. "However, it is an attempt to have Congress participate in the discussion — if and when Congress may act — and could avoid future tea-leaf readings regarding Congress' intentions."