In light of Joe Robertson’s appeal of his Clean Water Act conviction to the U.S. Supreme Court, readers might be wondering if any foot-wide ditches on their property are also “navigable,” as the EPA imaginatively re-interprets that word.
As it turns out, the answer depends on what state you live in. Here’s what you need to know:
Sound confusing? It is. To determine how the “navigable waters” regulations may apply to you and your property, see the map below illustrating the current status in each state. We will update this map as the lawsuits over the 2015 regulations move forward.
In the long run, the Supreme Court needs to clarify what “navigable waters” means, to cut through the mess of regulations and lawsuits. We think Joe Robertson’s case is the ideal vehicle for the court to do just that.