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Expert Analysis

The High Court's Logical Approach To CWA Jurisdiction

Law360, New York (June 17, 2016, 10:51 AM EDT) -- It is no secret that determining whether a water is subject to Clean Water Act jurisdiction is not for the faint-hearted. Indeed, the landscape is murkier than ever after the U.S. Supreme Court's trilogy of decisions with regard to Clean Water Act jurisdiction — United States v. Riverside Bayview Homes, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States — and the recent U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (Corps) joint rule refining the definition of "waters of the United States."  ...

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