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.
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