Jump to Navigation
Jump to Content

CWA jurisdiction

EPA’s “Waters of the United States” Rule: Substance and Significance

ELR Article

Four hundred stakeholder meetings and one million comments later, the U.S. Environmental Protection Agency released the final Waters of the United States (WOTUS) rule on May 27, 2015. Response to the rule has been immediate, vocal, and...

Will the New Waters of the United States (WOTUS) Rule Float?

ELR Article

On April 21, 2014, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers jointly released a proposed rule to clarify protection for streams and wetlands under the Clean Water Act. Determining Clean Water Act...

Rapanos Guidance III: “Waters” Revisited

ELR Article

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...

National Ass'n of Home Builders v. Environmental Protection Agency

ELR Case

The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional...

The Intended Scope of Clean Water Act Jurisdiction

ELR Article

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...

Rapanos v. United States

ELR Case

The U.S. Supreme Court vacates and remands for further proceeding two Sixth Circuit opinions holding that the U.S. Army Corps of Engineers (the Corps) had jurisdiction over state wetlands adjacent to a tributary of traditional navigable...