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Corps of Engineers jurisdiction

Hawkes v. U.S. Army Corps of Engineers: Is a Wetlands Jurisdictional Determination Reviewable Under the Administrative Procedure Act?

On March 30, 2016, the U.S. Supreme Court heard oral argument in Hawkes Co. v. U.S. Army Corps of Engineers. This case from the U.S. Court of Appeals for the Eighth Circuit asks whether a wetlands jurisdictional determination (...

Rapanos Guidance III: “Waters” Revisited

On May 2, 2011, EPA andthe Corps issued draft joint guidance for the interpretation of the phrase “waters of the United States” under the CWA. Determinations of CWA jurisdiction are critical for the agencies in issuing permits to fill...

The Intended Scope of Clean Water Act Jurisdiction

In an unnecessarily exaggerated response to U.S. Supreme Court decisions over the past decade, the agencies that implement the Clean Water Act have substantially reduced the scope of waters that are considered jurisdictional “waters of...

The Float a Boat Test: How to Use It to Advantage in This Post-<i>Rapanos<d> World

Editors' Summary: Since the Supreme Court's decision in Rapanos v. United States, courts, practitioners, and scholars have continued to discuss Justice Anthony M. Kennedy's significant nexus test. Under this test, to protect a wetland...

The Historic Navigability Test: How to Use It to One's Advantage in This Post-<I>Rapanos</I> World

Editors' Summary: Since the Supreme Court's decision in Rapanos v. United States, courts, practitioners, and scholars have continued to discuss the socalled Kennedy test and its significant nexus criterion. In this Article, authors...

A Practitioner's Guide to Protecting Wetlands in a Post-<i>Rapanos</i> World

Editors' Summary: The recent U.S. Supreme Court decision in Rapanos v. United States failed to clarify the murky area of federal jurisdiction under the CWA. Justice Scalia's plurality opinion, requiring a restrictive approach, and...

From the Fields of Runnymede to the Waters of the United States: A Historical Review of the Clean Water Act and the Term "Navigable Waters"

Editors' Summary: This spring, the U.S. Supreme Court will be deciding two very important wetlands cases. In both, the Court is asked to decide whether the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency...

A Nexus Runs Through It: Wetlands, Hydrological Connections, and Federal Jurisdiction in the Post-<i>SWANCC</i> World

Editor's Summary: The U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) has certainly caused much confusion about the exact contours of wetlands jurisdiction. In this...

Navigating <I>SWANCC</I>: An Examination of the U.S. Army Corps of Engineersâ

I. Introduction

For the last 25 years, the U.S. Army Corps of Engineers (the Corps), the U.S. Environmental Protection Agency (EPA), and courts have argued that the Clean Water Act (CWA) gave the Corps and EPA the authority to...

"No Comment" on Deep Ripping: Wetlands and the Clean Water Act After <i>Borden Ranch</i>

In December 16, 2002, the U.S. Supreme Court issued a per curiam opinion in the case of Borden Ranch v. U.S. Army Corps of Engineers, affirming the U.S. Court of Appeals for the Ninth Circuit's decision that "deep ripping" of...