Editors' Summary

Despite the 1972 Clean Water Act approaching its 40th anniversary, the nation continues to struggle to define which waters fall within federal jurisdiction under that landmark statute. Wetlands frequently represent the geographical transition zone between open waters and uplands, such that wetland jurisdictional disputes are at the forefront of the Clean Water Act jurisdiction debate. This Article, excerpted from the Wetlands Deskbook, summarizes the status of wetland jurisdictional law, including standards for treating wetlands as "waters of the United States" subject to federal authority, as well as application of the three-parameter technical criteria for wetland delineation. The text addresses the confusing Supreme Court cases of Rapanos and SWANCC, which indicate that federal jurisdiction must cease at some (as yet not clearly defined) point within waterways. In addition, it discusses the many long-settled issues of wetland jurisdiction.