EPA and the U.S. Army Corps of Engineers Propose Yet Another Definition of “Waters of the United States” (“WOTUS”) – What to Expect in 2019

by Bryan Cave Leighton Paisner

On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water Act (“CWA”) (the “New WOTUS Rule”).  The Agencies propose to do so in two-steps.  Step 1 would rescind a WOTUS rule promulgated by the agencies during the Obama administration (the “2015 WOTUS Rule”), whose expansive interpretation of the Corps’ permitting jurisdiction has been the subject of litigation throughout the country.  Step 2 would adopt a new definitional rule that would significantly limit the areas that are subject to permitting requirements under the CWA.

No issue of statutory interpretation in environmental law has generated more controversy, or been in dispute longer, than the CWA’s definition of “navigable waters.”  CWA Section 502(7) defines the term as “waters of the United States, including the territorial seas.”  This definition is fundamental to the scope of federal regulation under the statute, because it sets the jurisdictional boundaries of the permitting programs and numerous other legal requirements that the CWA imposes.  Specifically, under CWA Section 301(a), the discharge of a pollutant (including dredged and fill materials) into “navigable waters” is prohibited except in compliance with a permit issued under the CWA.  Thus, the federal government’s permission is only required when a discharge is into CWA “navigable waters.”1

Among the permits whose jurisdictional scope is set by the CWA’s “navigable waters” definition are CWA Section 404 permits issued by the Corps for dredging and filling activities.  Under Section 320.4(a) of the Corps regulations, the Corps has broad discretion in deciding whether an application for a Section 404 permit should be granted because the regulation allows the Corps to balance environmental, economic, safety and other factors to determine whether the proposed permitted activity is in the public interest.  In addition, the Corps must comply with the environmental review requirements of the National Environmental Policy Act before granting a Section 404 permit.  Thus, the Section 404 permit process can be time consuming, costly and uncertain.  The controversy over defining “waters of the United States” has centered on the whether the Corps’ authority under Section 404 extends to areas that do not fit neatly into the traditional meaning of “navigable waters.”  

As the rulemaking for the New WOTUS Rule proceeds in 2019, the best way to understand the issues surrounding the proposed regulations is to consider the most recent Supreme Court precedent on the jurisdictional scope of the CWA.

In Rapanos v. United States, 547 U.S 715 (2006), the Supreme Court reviewed a Sixth Circuit decision upholding the Corps’ decision to require a Section 404 permit for dredge and fill activities in wetlands adjacent to man-made ditches that ultimately emptied into traditional navigable waters.  The Corps made its determination in accordance with regulations and policies that required permits for activities not only in traditional navigable waters, but also in many other categories of waters, tributaries of such waters (which could be natural or man-made, and continuously flowing or intermittent or ephemeral) and wetlands “adjacent” to such waters and tributaries.  The term “adjacent” was interpreted broadly to include wetlands that are “bordering, contiguous [to], or neighboring waters of the United States” – even where separated from such waters by man-made features like berms or dikes.

In Rapanos, the Sixth Circuit upheld the Corps’ actions, citing a “significant nexus” consisting of a “hydrologic connection” between the wetlands at issue and traditional navigable waters.  Five members of the Court agreed that the standard applied by the Sixth Circuit was the wrong one, and remanded the cases for further proceedings.  However, the five member majority could not agree on why the Sixth Circuit standard was incorrect; instead, the Court issued two opinions setting forth different reasons for the remand, reflecting diverging views on the reach of the Corps’ authority under the CWA.  It is worth discussing those two opinions because Justice Kennedy’s is the foundation for the 2015 WOTUS Rule and the other, Justice Scalia’s, is the template for step 2 of the New WOTUS Rule.

According to Justice Scalia, writing for a plurality of four justices, the Corps’ interpretation of its regulations “stretched the term ‘waters of the United States’ beyond parody” by requiring permits for activities in “storm drains, roadside ditches, ripples of sand in the desert that may contain water once a year, and lands that are covered by floodwaters once every 100 years.”  He acknowledged that the Court had long interpreted the phrase “navigable waters of the United States” in predecessor statutes to the CWA as including waters that are navigable in fact or readily capable of being made so.  He also cited with favor Supreme Court precedent upholding Corps jurisdiction over wetlands adjacent to traditional navigable waters where a “significant nexus” was found to exist – but only under circumstances where the area was “characterized by saturated soil conditions and wetland vegetation [that] extended … to . . . a navigable waterway.” He rejected the proposition that a wetland constitutes “waters of the United States” whenever there is a nexus consisting of a “hydrologic connection” between the wetland area and the navigable waters.  Emphasizing that a distinction must be drawn between “water of the United States” and “waters of the United States,” he concluded that only “relatively permanent, standing or flowing bodies of water” (i.e., “waters”) and adjacent areas that share “a continuous surface connection” with such waters may be included within the latter phrase. 

Justice Kennedy, writing only for himself, concurred in the judgment vacating the Sixth Circuit decision.  His opinion sought to bridge the divide between Justice Scalia’s narrow interpretation of “waters of the United States” and the broader interpretation of the four dissenters who would have upheld the Sixth Circuit decision.  Justice Kennedy concluded that a wetland falls within the meaning of “waters of the United States” if it possesses a “significant nexus” to traditionally navigable waters, but that the Sixth Circuit erred in failing to consider all of the factors necessary to determine whether the lands at issue had such a nexus.  Drawing upon the purposes of the CWA, the unique characteristics of wetlands, and their potential importance to the aquatic environment of traditional navigable waters, he opined that a wetlands could be considered “waters of the United States” where “either alone or in combination with similarly situated lands in the region, [the wetlands] significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as ‘navigable.’”

The issue before the Court in Rapanos was the validity of the Corps’ interpretation of its regulations to require permits for the activities at issue, not the regulations themselves.  Accordingly, those regulations, which had last been amended in 1986, remained in effect subsequent to the Court’s decision.  However, the dueling opinions in Rapanos cast a shadow over the Corps’ 404 permit decision-making and set the stage for a series of regulatory activities attempting to “clarify” the jurisdictional scope of the CWA, a quest that is now continuing into 2019 with the proposed New WOTUS Rule.

On June 29, 2015, EPA and the Corps adopted the 2015 WOTUS Rule built around Justice Kennedy’s analysis in Rapanos.  As its preamble makes clear, “the final rule interprets the CWA to cover those waters that require protection in order to restore and maintain the chemical, physical or biological integrity of traditional navigable waters.”  The agencies defined the term “significant nexus” to reflect this expansive interpretation, and with that yardstick, identified eight categories of waters and wetlands that constitute “waters of the United States.”

A few examples illustrate the breadth of the 2015 WOTUS Rule’s jurisdictional reach.  Covered “tributaries” include waters (whether natural or man-made) that contribute flow, either directly or indirectly, to a traditional water.  Their flow can be continual, perennial, intermittent or ephemeral (i.e., flowing only when it rains) – and they even can be dry if they have indicators of the prior existence of a bed, bank or high water mark.  “Adjacent” and “neighboring” wetlands constituting jurisdictional waters include not only areas within 100 feet of a traditional water, but also those located within a 100 year floodplain of a traditional navigable water that are no more than 1,500 feet from the high water mark of the traditional water.  Indeed, areas as far as 4,000 feet from a traditional navigable water may be found to be jurisdictional waters if they are determined to have a “significant nexus” on a case-by-case basis.

As originally adopted, the 2015 WOTUS rule was to be applicable as of August 28, 2015.

The litigation that ensued from this “clarification,” along with subsequent administrative actions, have created a regulatory morass.  The U.S. District Court for North Dakota issued a preliminary injunction barring enforcement of the 2015 WOTUS Rule in 13 states,2 and the Court of Appeals for the Sixth Circuit stayed the rule nationwide – but that nationwide stay was thereafter vacated by the U.S. Supreme Court, which held that challenges to the 2015 WOTUS Rule must be filed in the district courts.3  Meanwhile the agencies under the Trump administration adopted a final rule amending the effective date of the 2015 WOTUS Rule to February 6, 2020, essentially rendering it a nullity until that date.4  But more litigation followed, and the U.S. District Court for South Carolina has issued an order enjoining the new effective date in several states.5  While appeals to that order are pending, the 2015 WOTUS Rule remains in effect in 22 states, and the agencies are making case-by-case determinations in the others.  The quest for regulatory clarity remains elusive.6

On February 28, 2017, President Trump issue an Executive Order entitled “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”7  That order directs the agencies to “consider interpreting the term ‘navigable waters’ … in a manner consistent with the opinion of Justice Antonin Scalia in Rapanos.”

The New WOTUS Rule was proposed in accordance with that directive.  In Step 1, the agencies have proposed to rescind the 2015 WOTUS Rule, and revert to the regulatory regime that had existed under the 1986 regulations, as interpreted by agency guidance and Supreme Court precedent.  Among the reasons put forward for this proposal is that the agencies have more than 30 years of experience in making jurisdictional determinations under the 1986 regulations, and are well versed in the judicial decisions – including Rapanos and other Supreme Court precedent – that have considered those regulations.  In Step 2, the agencies have proposed to adopt a new definitional rule consistent with Justice Scalia’s plurality opinion in Rapanos.  Among other things, that proposed rule would limit “adjacent wetlands” subject to CWA jurisdiction to those that “abut or have a direct hydrologic surface connection” to a traditional navigable water “in a typical year.”  The definition of a “tributary” is limited to a “river, stream, or similar naturally occurring surface water channel that contributes perennial or intermittent flow” to a traditional water.

The proposed rule has not yet been published in the Federal Register.  Comments on step 2 of the proposed New WOTUS Rule will be due within 60 days of publication.8

1. The potential applicability of state and local laws to such discharges is beyond the scope of this alert.

2.States of North Dakota, et al. v. EPA, 127 F. Supp. 3d 1047 (D.N.D. 2015).

3. National Assoc. of Manufacturers v. Department of Defense, 138 S. Ct. 617 (2018).

4. 83 Fed. Reg. 5200 (Feb. 6, 2018).

5. South Carolina Coastal Conservation League v. Pruitt, 318 F. Supp. 3d 959 (D.S.C. 2018).

6. The Agencies have provided a rule status and litigation update page.  See   https://www.epa.gov/wotus-rule/definition-waters-united-states-rule-status-and-litigation-update.

7. 82 Fed. Reg. 12,497 (March 3, 2017).

8. The comment period on Step 1 (repeal of the 2015 WOTUS Rule) closed on August 13, 2018.

[View source.]

Written by:

Bryan Cave Leighton Paisner

Bryan Cave Leighton Paisner 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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.