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EPA and Army Corps of Engineers Issue Draft Guidance on Waters Protected by Clean Water Act

The Energy Law

Army Corps of Engineers (the Corps) released new proposed guidance on how the agencies will identify waters protected by the Clean Water Act (CWA) in light of Solid Waste Agency of Northern Cook County v. Army Corps of Engineers, 531 U.S. 715 (2006). 159 (2001) (SWANCC) and Rapanos v. United States, 547 U.S. Guidance at 13.

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EPA and Army Corps of Engineers Propose Significant Revisions to Definition of “Waters of the United States”

The Energy Law

On March 25, 2014, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) jointly released a proposed rule purporting to clarify the scope of the “waters of the United States” protected under the Clean Water Act. The agencies claim that, as a result of the Supreme Court’s decision in Rapanos v.