This post was originally published on Legal Planet. Reprinted with permission.

The Biden administration announced on Monday that it would not meet a February target date to issue a revised definition of federal jurisdiction under the Clean Water Act. It still plans to issue a revised definition later in the year. That sounds like a very technical issue. But it actually determines the extent to which the federal government can prevent water pollution and protect wetlands across the nation. The Biden proposal basically calls for case-by-case decisions about federal jurisdiction. It's also the latest chapter in one of the most snarled-up regulatory issue of our times.

The story begins with the 1972 passage of the Clean Water Act. The act requires permits for dredge-and-fill operations and for pollution discharges into "navigable waters." Traditionally, navigable waters were tidal waters or waterways that could be used for commercial transport. Although Congress used the traditional term, the statute eschews the traditional meaning. Instead, it defines navigable waters as "waters of the United States." It's clear that this definition is broader than the traditional definition. But how much broader?

The U.S. Supreme Court has spoken to the issue several times. The …