Confusion at EPA and the Corps post-Rapanos

Representative Henry Waxman, Chairman of the House Committee on Oversight and Government Reform, yesterday released several internal agency documents revealing the regulatory confusion over the extent of the agencies' CWA jurisdiction after Rapanos, and the effect that confusion has had on enforcement.  Given the complexity of the Rapanos decision, and the complete failure of the agencies' two sets of supposed "guidance" to implement that decision faithfully, it's not surprising that the happy upshot should be under- rather than overenforcement.