EPA and Army Corps of Engineers Issue Draft Guidance on Waters Protected by Clean Water Act
The Energy Law
MAY 17, 2011
159 (2001) (SWANCC) and Rapanos v. In this vein, non-navigable tributaries are subject to CWA jurisdiction, if the tributary is connected to a downstream traditional navigable water, and flow in the tributary is at least seasonal. Army Corps of Engineers, 531 U.S. United States, 547 U.S. 715 (2006). Guidance at 13.
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