Clean Water Rule coverage would produce a 2:1 ratio of benefits to costs in implementation after the final rule. Implementation of the rule will discern any implications for environmental justice communities, though it is clear that "meaningful involvement from minority, low-income, and indigenous populations, as well as other stakeholders, has been a cornerstone of development of the final rule." Specific details that have been clarified by the rule are outlined below. A tributary, or upstream water, must show physical features of flowing water – a bed, bank, and ordinary high water mark – to warrant protection. The rule provides protection for headwaters that
Mischief rule they are interpreting. Driedger puts it this way: "[T]o this day, "Heydon's Case" is frequently cited. The courts still look for the 'mischief' and 'remedy', but now use what they find as aids to discover the meaning of what the legislature has said rather than to change it." Driedger goes on to argue that this modern use of the mischief rule ought to be understood as one of the components of what he characterized as the "modern" method of statutory construction, rather than a stand-alone rule serving (as it formerly had), as an alternative to the methods of construction proposed