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EPA and Army Corps of Engineers Issue Draft Guidance on Waters Protected by Clean Water Act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. 159 (2001) (SWANCC) and Rapanos v. United States, 547 U.S. 715 (2006). Guidance at 13.