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Clean Water Act Definition of "Waters of the United States"
This page is designed to provide updates and background information regarding the scope of "Waters of the United States" protected under the Clean Water Act.
EPA and the Corps of Engineers have jointly issued a legal memorandum that interprets the June 19, 2006 Supreme Court decision in the consolidated cases Rapanos v. U.S. and Carabell v. U.S. (known as the "Rapanos" decision). The guidance is being released to Corps of Engineers and EPA field offices to ensure nationwide predictability, reliability, and consistency in identifying wetlands, streams and rivers subject to the Clean Water Act (CWA). The EPA/Corps guidance reflects the agencies’ intent to provide maximum protection for the Nation's aquatic resources under the CWA as interpreted by the Supreme Court in Rapanos. To ensure such decisions are made in a timely manner, the agencies have released concurrently with the guidance a Memorandum of Agreement laying out a process with specific short timeframes, when necessary, for reaching interagency agreements on jurisdictional calls. In addition, a series of questions and answers provides additional information.
- The agencies accepted public comments on the Rapanos guidance until January 20, 2008. Use www.regulations.gov to access guidance comments (Docket number EPA-HQ-OW-2007-0282).
- June 2007 Legal Memorandum (PDF) (12 pp, 149K, About PDF) discussing Clean Water Act Jurisdiction Following the U.S. Supreme Court Decision in Rapanos v. United States & Carabell v. United States.
- June 2007 Memorandum of Agreement (PDF) (7 pp, 131K, About PDF) regarding Coordination on Jurisdictional Determinations under Clean Water Act Section 404 in Light of the SWANCC and Rapanos Supreme Court Decisions.
- June 2007 Questions and Answers (PDF) (7 pp, 71K, About PDF)
- Appendix D, Legal Definition of "Traditional Navigable Waters" (PDF) (5 pp, 16 K, About PDF)
- Federal Register Notice of EPA and Army Corps of Engineers Guidance after Rapanos, available from The Federal Register or in PDF Format (2 pp, 59K, About PDF)
- Federal Register Notice of Extension of Comment Period to January 21, 2008, available from The Federal Register or in PDF Format (1 page, 48K, About PDF)
- EPA Press Release "EPA, Army Corps Issue Joint Guidance to Sustain Wetlands Protection under Supreme Court Decision", June 5, 2007
- EPA Press Release "EPA, Army Corps Extend Public Comment Period for Joint Rapanos Guidance", November 28, 2007
- For additional information, consult the Army Corps of Engineers Regulatory Program
- January 2003 Legal Memorandum (PDF) (4 pp, 54K, About PDF) discussing the scope of the Clean Water Act jurisdiction in light of the SWANCC ruling and related court decisions.
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