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Army Corps of Engineers have released long-awaited guidance addressing jurisdictional determinations under the Clean Water Act (CWA) in the wake of Rapanos v. EPA-HQ-OW-2007-0282, or by email to OW-Docket@epa.gov , with the docket number in the “subject” line. Army Corps of Engineers, Clean Water Act Jurisdiction Following the U.S.
By Bob Holden and Jillian Marullo On April 23, 2013, in a case of first impression, the D.C. Army Corps of Engineers (“Corps”). In 2007, after a lengthy and litigious review process, the Corps, without objection from the EPA, issued a permit authorizing Mingo Coal to discharge material into three streams and their tributaries.
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