Don’t Go Near The Water ...

Law360, New York (May 13, 2011, 3:42 PM EDT) -- On April 27, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (the agencies) issued draft guidance (proposed guidance) that signals a dramatic expansion of asserted regulatory authority for the agencies under the Clean Water Act (CWA).

The proposed guidance identifies waters subject to the CWA in light of two U.S. Supreme Court decisions that interpret the statute, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), 531 U.S. 159 (2001), and Rapanos v. United States, 547 U.S....
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