Trump Administration Begins “Round 4” in the Battle Over Clean Water Act Jurisdiction

by K&L Gates LLP

K&L Gates LLP

Last month the Trump Administration announced a proposed rule that would dramatically reduce the scope of federal authority under the Clean Water Act (“Act”). [1] If finalized in its current form, the rule would eliminate federal jurisdiction over a significant number of streams, wetlands, and other waters. The proposed rule will impact a wide range of individuals and businesses—as well as agencies and municipalities—that engage (or have a financial stake) in land and project development activities on these areas, while reducing the time and costs associated with obtaining Army Corps of Engineers ‘dredge and fill permits.’ While the proposal would not restrict the ability of states to regulate activities in these areas, the extent to which states will step in and do so is unclear. The 60 day period for commenting on the rule will start as soon as it is published in the Federal Register.

The Clean Water Act grants to the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) the authority to require federal approval before any entity discharges pollutants, including dredged or fill material, into the “navigable waters.” [2] That means that any project impacting the use of these areas requires federal approval which can be a long, arduous, and expensive process, if it is granted at all.

The Act defines the term “navigable waters” as “the Waters of the United States, including the territorial seas.” [3] The ambiguity of what Congress meant by defining the scope of “navigable waters” to include all so-called “waters of the United States” (“WOTUS”) has led to a long history of shifting interpretations and legal challenges.

Round 1: In the 1970’s and 1980’s, EPA and the Corps (consistent with a 1985 Supreme Court decision) [4] issued regulations and guidance—including the Corps’ infamous1987 “Wetlands Delineation Manual”—establishing relatively broad and convoluted applications of WOTUS. Under these early rules and guidance, the agencies would assert jurisdiction over a wide swath of waters far removed from those which are navigable-in-fact, often requiring landowners to retain geological, hydrologic, and other experts to help them determine if their property contained ‘jurisdictional’ wetlands—wetlands that were subject to permitting requirements.

However, Supreme Court decisions in 2001 (in Solid Waste Agency of Northern Cook Cnty. v. U.S. Army Corps of Engineers (“SWANCC”)) [5] and in 2006 (in Rapanos v. United States (“Rapanos”)), [6] swung the pendulum in the opposite direction, with the Court placing renewed emphasis on the statutory and constitutional limits to federal authority over what constitutes “navigable waters.” In its most recent case, Rapanos, the court failed to reach agreement on the scope of Clean Water Act jurisdiction. As a result, in Rapanos, a plurality of four Justices signed onto an opinion, authored by the late Justice Antonin Scalia, which limits federal authority to “relatively permanent, standing or continuously flowing bodies of water” connected to traditional navigable waters, and to “wetlands with a continuous surface connection to” such relatively permanent waters. [7] In contrast, Justice Anthony Kennedy, who cast the deciding fifth vote in the case—but wrote a separate concurring opinion—concluded that Clean Water Act jurisdiction can extend to all waters that possess a “significant nexus” to navigable waters (regardless of the existence of a surface connection). [8]

Round 2: EPA and the Corps (in the final year of the Bush Administration) issued guidance that was intended to address the confusion caused by the differing opinions in Rapanos. It said that the agencies would assert jurisdiction over waters that met either Justice Scalia’s or Justice Kennedy’s jurisdictional tests, and explained how the agencies would apply those tests in the field. [9] Of course, the difficulty of determining what constitutes a “significant nexus” or a “continuous surface connection” in the real world led to continued confusion over whether federal permits would be needed for projects.

Round 3: In 2015, the Obama Administration issued the landmark Clean Water Rule to replace the guidance issued during the Bush Administration. As explained in more detail in our prior Alert, the Clean Water Rule expansively interpreted both (a) the array of waters that the agencies would deem categorically jurisdictional, and (b) the nature and scope of the case-by-case “significant nexus” analysis that the agencies would apply to other water bodies. For instance, under the Clean Water Rule, all tributaries of navigable waters (without regard to frequency of flow), and all waters adjacent to such tributaries, are deemed by rule to have a significant nexus to downstream waters, and thus are categorically jurisdictional (with broad definitions of “tributary” and “adjacent,” among other terms). The foundation for the Clean Water Rule was provided in a final report entitled “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of Downstream Waters.” [10]

Since 2015, the Clean Water Rule has been mired in litigation. As of the date of this writing, various courts have enjoined the Clean Water Rule in 28 states. [11] In those states, the agencies continue to implement the Clean Water Act in accordance with prior practice as informed by SWANCC, Rapanos, and agency policy documents (including the guidance noted above). In the remaining 22 states, the Clean Water Rule is the law of the land.

Round 4: The Trump Administration & the Proposed Rule
On February 28, 2017, President Trump issued an Executive Order directing EPA and the Corps to review the Obama Administration’s Clean Water Rule and to “publish for notice and comment a proposed rule rescinding or revising the rule, as appropriate and consistent with law.” [12] The Executive Order also directed the agencies to “consider” interpreting the term “navigable waters” in a manner consistent with Justice Scalia’s plurality opinion in Rapanos.

On December 11, 2018, the agencies proposed a rule that would substantially reduce the geographic scope of the waters of the United States. Specifically, the new proposed rule defines waters of the United States—and federal jurisdiction to regulate them—as follows:

  • Traditional navigable waters (i.e., “[w]aters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including the territorial seas and waters which are subject to the ebb and flow of the tide”). This is essentially the status quo for these waters, except comment has been solicited on whether the term ‘interstate’ should be included and how it should be defined.
  • “Tributaries” of traditional navigable waters, defined to include only those surface waters that contribute perennial (continuous year-round) or intermittent (more often than in direct response to precipitation) flow to traditional navigable waters in a typical year. This eliminates ephemeral—or precipitation-dependent—streams, which represents a significant number of stream miles and headwaters.
  • “Adjacent wetlands” of other jurisdictional waters, defined to include only those wetlands that abut or have a direct hydrologic surface connection to a jurisdictional water in a typical year. (This eliminates a significant number of wetlands that are connected to downstream waters only via shallow subsurface flow. Also eliminated are all wetlands separated from downstream waters by a natural or man-made berm (e.g., linear features such as roads and railways), which represents a significant departure from the long-standing definition of “adjacent.”)
  • “Ditches” (i.e., “artificial channels”) constructed in a tributary or adjacent wetland, or that relocate or alter a tributary, but only if otherwise satisfying the “tributary” definition (e.g., contribution of perennial or intermittent flow). (This could eliminate the vast majority of ditches, particularly those constructed in uplands such as many irrigation ditches.)
  • Lakes and ponds that qualify as traditional navigable waters, contribute perennial or intermittent flow to a traditional navigable water, or that are flooded by other jurisdictional waters in a typical year.
  • Impoundments of other jurisdictional waters.

The new proposal would eliminate the agencies’ current practice of conducting fact-intensive, case-by-case “significant nexus” analyses for waters not falling within the above categories. This could reduce the need for landowners and developers to hire experts steeped in delineating wetlands and conducting ecological evaluations especially in what seem to be dry (ephemeral) streambeds. The proposed definition may also simplify and accelerate the process by which the agencies determine whether waters are subject to Clean Water Act jurisdiction, and, in turn, the applicability of the various federal programs administered by the EPA and the Corps, including Section 404 dredge and fill permits from the Corps or state-authorized programs; Section 402 National Pollutant Discharge Elimination System (“NPDES”) permits from EPA or state-authorized programs; Section 311 oil spill prevention and response plans required by EPA; Section 301 federal enforcement for unauthorized discharges; and Section 303 water quality standards approved or adopted by EPA.

If this proposed rule is finalized in its current form, two significant legal issues will arise. First, will the rule be perceived to be an impermissible elimination of the Kennedy “significant nexus” test? [13] Anticipating this argument, the agencies have gone to great lengths in their rulemaking preamble to explain how their proposal is consistent with a narrower reading of Justice Kennedy’s opinion. [14]

Second, there will be challenges to whether the factual basis for the change adequately addresses the record established under the Clean Water Rule and the 2015 Connectivity Report. While the agencies relied on aspects of the Connectivity Report to inform their proposal, their justification for narrowly interpreting the scope of waters subject to the Clean Water Act is ultimately tethered to the Trump Administration’s policy choice, reasoning that “science cannot be used to draw the line between Federal and State waters, as those are legal distinctions that have been established within the overall framework and construct of the [Clean Water Act].” [15]

Impact on State Permitting Programs
In considering the potential impacts of the agencies’ proposal, it is important to recognize that the Clean Water Act does not preclude states from regulating all waters within their borders, regardless of whether they are subject to federal regulation under the Clean Water Act. As explained by the agencies, states and tribes are free to manage all waters under their independent authorities. [16]

Therefore, state-level responses to the agencies’ new rule (if finalized) will be just as critical for the regulated community to understand as the rule itself. In states that do not regulate those waters that would no longer qualify as WOTUS, the agencies’ new rule would clearly be impactful—many projects that would otherwise have required a permit would be able to move forward without one. In contrast, in states that regulate intrastate waters that may no longer be covered by the Clean Water Act as WOTUS, the impact of the agencies’ new rule would be relatively less significant, but by no means trivial. For example, such states may decide to split off state law permits from federal NPDES or dredge and fill permits, instead of maintaining a unified permit system. As another example, projects that benefit from federal preemption, such as interstate railways or pipelines, would only be subject to the new Clean Water Act requirements notwithstanding more expansive state programs. The WOTUS rule may also create opportunities to lobby states to amend their programs to better match the new federal approach.

The proposed rule will be subject to a 60-day comment period once it is published in the Federal Register. The agencies will be soliciting comment on all aspects of the proposed definition and whether “it would strike the proper balance between the regulatory authority of the Federal government and States, meets [sic] its obligation to provide fair notice to members of the regulated community, and adheres [sic] to the overall structure and function of the CWA by ensuring the protection of the nation’s waters.” [17] The agencies scheduled a public hearing for Wednesday, January 23, 2019, but that hearing is postponed due to the current government shutdown. [18] The agencies have previously expressed a goal to finalize the rule by September 2019, but delays can be reasonably be expected.

Businesses that are potentially impacted by the rule—including those in just about every major business sector, from construction to energy to manufacturing to finance—should consider their options now for participating in the rulemaking process—and just as importantly, gearing up for the inevitable legal challenges that are sure to follow.


[1] Proposed Rule, Revised Definition of “Waters of the United States”, RIN 2010-AF75, available at
[2] 33 U.S.C. §§ 1342(a), 1344(a).
[3] 33 U.S.C. § 1362(7).
[4] See U.S. v. Riverside Bayview Homes, 474 U.S. 121 (1985).
[5] 531 U.S. 159.
[6] 547 U.S. 715.
[7] 547 U.S. at 739-42.
[8] Id. at 759.
[9] EPA-Corps Guidance, Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision
In Rapanos v. United States & Carabell v. United States
(Dec. 2, 2008).
[10] See
[11] See
[12]  Presidential Executive Order No. 13778: Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule (Feb. 28, 2017).
[13] See United States v. Donovan, 661 F.3d 174 (3d Cir. 2011); Northern California River Watch v. Wilcox, 633 F.3d 766 (9th Cir. 2011); United States v. Robison, 505 F.3d 1208 (11th Cir. 2007); United States v. Gerke Excavating, Inc., 464 F.3d 723 (7th Cir. 2006); United States v. Johnson, 467 F.3d 56 (1st Cir. 2006).
[14] See supra note 1 at 80-81, 116-21, 156-60.
[15] Supra note 1 at 82, 83.
[16] Supra note 1, at 58.
[17] Supra note 1, at 59.
[18] See


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.

© K&L Gates LLP | Attorney Advertising

Written by:

K&L Gates LLP

K&L Gates 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:
*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 (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

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 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 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 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

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:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (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
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit 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 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:

- 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.