America's Vulnerable Waters: Assessing the Nation's Portfolio of Vulnerable Aquatic Resources Since Rapanos v. United States

A forthcoming report by the Environmental Law Institute characterizes types of aquatic resources that, in certain circumstances, have gone without protection under the Clean Water Act since Rapanos v. United States. The Institute reviewed federal agency practices—including application of the significant nexus test—and found that several aquatic resource types are vulnerable. The authors recommend improving recordkeeping for losses of these waters and more consistent use of the hydrologic and ecologic factors to evaluate significant nexus.