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EPA Guidance Narrows Regulation Of Wetlands

Law360 (July 12, 2007, 12:00 AM EDT) -- On June 5, 2007, the U.S. Environmental Protection Agency and the United States Army Corps of Engineers issued their long-awaited guidance on the scope of regulation under the Clean Water Act, based on the Supreme Court's June 2006 decisions in Rapanos v. United States and Carabell v. United States.

The Clean Water Act, under which the Corps and EPA derive their jurisdiction to regulate wetlands and other aquatic features, applies only to "navigable waters," defined as "waters of the United States." 33 U.S.C. ยงยง 1344(a), 1362(7)....
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