Don't Go Near the Water . . . Stymied by Congress, EPA and the Corps Issue New CWA Jurisdictional 'Guidance'.
Mondaq Business Briefing › Nbr. 2011, January 2011
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Summary
Environmental Protection Agency - Army Corps of Engineers - Clean Water Act
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Don't Go Near the Water . . . Stymied by Congress, EPA and the Corps Issue New CWA Jurisdictional 'Guidance'.
On April 27, the U.S. Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("Corps") ("the Agencies") issued draft guidance ("Proposed Guidance") that signals a dramatic expansion of asserted regulatory authority for the Agencies under the Clean Water Act ("CWA"). The Proposed Guidance identifies waters subject to the CWA in light of two U.S. Supreme Court decisions that interpret the statute, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers ("SWANCC"), 531 U.S. 159 (2001), and Rapanos v. United States, 547 U.S. 715 (2006). The Proposed Guidance is part of a broader "clean ...
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