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Guidance issued by the EPA and Army Corps of Engineers regarding the Clean Water Act (CWA) jurisdiction following the Rapanos decision. The document outlines procedures for jurisdictional determinations
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How to fill out EPA and Army Corps of Engineers Guidance Regarding Clean Water Act Jurisdiction after Rapanos
01
Review the guidance document provided by the EPA and Army Corps of Engineers.
02
Identify the specific water bodies or tributaries in question.
03
Determine the presence of any wetlands related to these water bodies.
04
Assess the significance of the water bodies or wetlands in relation to commerce or interstate activities.
05
Consider any case-specific facts that may affect jurisdiction, including the distance from traditional navigable waters.
06
Document findings thoroughly, including maps, photographs, and written descriptions.
07
Submit the completed assessment to the appropriate authorities for review.
Who needs EPA and Army Corps of Engineers Guidance Regarding Clean Water Act Jurisdiction after Rapanos?
01
Developers or landowners looking to initiate projects that may affect waterways.
02
Environmental consultants advising clients on regulatory compliance.
03
Government agencies involved in land use and environmental protection.
04
Legal professionals engaged in cases related to water jurisdiction.
05
Conservation groups monitoring potential impacts on aquatic ecosystems.
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People Also Ask about
Who enforces the Clean Water Act?
Section 404 of the Clean Water Act requires authorization from the Secretary of the Army, acting through the Corps of Engineers, for the discharge of dredged or fill material into all waters of the United States, including wetlands.
What is the jurisdiction of the Clean Water Act?
The 1972 amendments to the Clean Water Act established federal jurisdiction over “navigable waters,” defined in the Act as the “waters of the United States” (CWA Section 502(7)).
What is the Clean Water Act Army Corps of Engineers?
You do not generally need a permit under Section 404 if your discharges of dredged or fill material are associated with normal farming, ranching, or silviculture activities such as plowing, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products or upland soil and water
What was the Supreme Court decision on Rapanos?
In their divided decision, a majority ruled that the EPA's and the Army Corps' regulations defining “navigable waters” were illegal and ordered the case back to the lower courts, which ultimately reached a settlement with John.
Is the Clean Water Act enforced by the Army Corps of Engineers?
Section 404 of the Clean Water Act requires authorization from the Secretary of the Army, acting through the Corps of Engineers, for the discharge of dredged or fill material into all waters of the United States, including wetlands.
What is the jurisdictional waters of the Army Corps of Engineers?
The Corps' jurisdiction in territorial seas begins at the shoreline and extends in a seaward direction a distance of three nautical miles.
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What is EPA and Army Corps of Engineers Guidance Regarding Clean Water Act Jurisdiction after Rapanos?
The EPA and Army Corps of Engineers Guidance regarding Clean Water Act jurisdiction after Rapanos provides clarification on the definition of 'waters of the United States' and outlines the criteria used to determine federal jurisdiction over water bodies.
Who is required to file EPA and Army Corps of Engineers Guidance Regarding Clean Water Act Jurisdiction after Rapanos?
Entities involved in activities that may impact waters of the United States, such as developers, construction companies, and agricultural operations, are required to comply with the guidance and may need to file relevant documentation.
How to fill out EPA and Army Corps of Engineers Guidance Regarding Clean Water Act Jurisdiction after Rapanos?
To fill out the guidance, stakeholders should assess their project's potential impact on water bodies, provide necessary data, and apply the jurisdictional criteria outlined in the guidance to determine if a permit is required.
What is the purpose of EPA and Army Corps of Engineers Guidance Regarding Clean Water Act Jurisdiction after Rapanos?
The purpose is to ensure that the jurisdiction over waters is consistently defined and upheld, to clarify regulatory requirements, and to protect water quality while allowing for responsible development and land use.
What information must be reported on EPA and Army Corps of Engineers Guidance Regarding Clean Water Act Jurisdiction after Rapanos?
Information that must be reported includes the location and nature of the water body, the potential impacts of the project, and any relevant environmental assessments or studies that support the jurisdictional determination.
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