EPA and Army Corps of Engineers Issue Draft Guidance on Waters Protected by Clean Water Act
The Energy Law
MAY 17, 2011
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. United States, 547 U.S. 715 (2006). Guidance at 13. Wetlands that directly abut relatively permanent waters are also covered by the CWA.
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