New Guidance on Clean Water Act Jurisdiction: Longer Federal Reach, Less Certainty


On May 2, the Environmental Protection Agency and the Army Corps of Engineers jointly published new guidance on how the agencies will determine which waters and wetlands are subject to jurisdiction under the Clean Water Act.

The new guidance is the third attempt by the agencies to bring clarification from the muddled 2006 U.S. Supreme Court decision in United States v. Rapanos. In that case, the Court gave three different approaches to jurisdiction, causing considerable uncertainty among courts, agencies, and developers.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Davis Wright Tremaine LLP | Attorney Advertising

Written by:


Davis Wright Tremaine LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.