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Related Publications
Government Publications
U.S. Environmental Protection Agency (EPA)
Waters of the United States, U.S. EPA webpage
Water Enforcement Policy, Guidance and Publications, U.S. EPA webpage
Joint Coordination Memorandum to the Field between the U.S. Department of the Army, U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (September 27, 2023) (this memorandum outlines a procedure for the Corps and the EPA to coordinate on CWA geographic jurisdiction to ensure consistent application of pre-2015 regulations)
Memorandum–Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States (December 2, 2008) (this memorandum supersede the 2007 memorandum on Clean Water Act jurisdiction)
- Questions and Answers Regarding the Revised Rapanos & Carabell Guidance (December 2, 2008)
Memorandum–Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States (June 5, 2007) (this memorandum outlines guidance for EPA regions and Corps districts to follow in implementing the Supreme Court’s Rapanos decision)
Memorandum of Agreement regarding Coordination on Jurisdictional Determinations under Clean Water Act Section 404 in Light of the SWANCC and Rapanos Supreme Court Decisions (June 5, 2007) (this memorandum updates the process for determining Clean Water Act (CWA) Section 404 jurisdiction, taking into account the Supreme Court decisions in SWANCC and Rapanos. The new procedures supersede the 2003 guidance and introduce specific coordination mechanisms for areas affected by Rapanos)
Joint Memorandum (January 15, 2003) (this memorandum clarifies the Supreme Court’s decision in SWANCC)
Memorandum–Supreme Court Ruling Concerning CWA Jurisdiction over Isolated Waters (January 2001) (this memorandum clarifies the Supreme Court’s decision in SWANCC)
Memorandum of Agreement between the Environmental Protection Agency and the Department of the Army concerning the Determination of Mitigation Under the Clean Water Act Section 404(b)(1) Guidelines (February 6, 1990) (this memorandum provides specific guidelines for the Section 404 Regulatory Program)
Memorandum of Agreement between the Department of the Army and the Environmental Protection Agency concerning Federal Enforcement for the Section 404 Program of the Clean Water Act (January 1989) (agreement that EPA provides guidance and interprets jurisdictional waters while the Corps determines Section 404 applicability)
- This memorandum agreement aligns with S. Attorney General Civiletti’s opinion (September 5, 1979), stating that EPA hold the ultimate administrative authority to define the scope of “navigable waters for Section 404 purposes.
2023 Revised Definition of “Waters of the United States” Rule, Factsheets:
Final Rule: Revised Definition of “Waters of the United States” Fact Sheet (December 2022)
Fact Sheet for the Final Rule: Amendments to the Revised Definition of “Waters of the United States” (August 2023)
2021 Navigable Waters Protection Rule, Factsheets:
Overview of the Navigable Waters Protection Rule – Fact Sheet
Mapping and the Navigable Waters Protection Rule – Fact Sheet
Implementing the Navigable Waters Protection Rule – Fact Sheet
Rural America and the Navigable Waters Protection Rule – Fact Sheet
“Typical Year” and the Navigable Waters Protection Rule – Fact Sheet
2015 Clean Water Rule, Factsheets:
Clean Water Rule Summary Factsheet
Clean Water Rule Agriculture Factsheet
Clean Water Rule Business Factsheet
Clean Water Rule Communities Factsheet
Clean Water Rule Development Factsheet
Clean Water Rule Local Government Factsheet
Clean Water Rule Recreation Factsheet
Clean Water Rule Utilities Factsheet
U.S. Army Corps of Engineers
Corps of Engineers Regulatory Jurisdiction, U.S. Army Corps of Engineers webpage
Congressional Research Service (CRS)
Waters of the United States (WOTUS): Frequently Asked Questions About the Scope of the Clean Water Act, R 47408 (Updated June 22, 2023)
Supreme Court Narrows Federal Jurisdiction Under Clean Water Act, LSB 10981 (June 21, 2023)
Prior Converted Cropland Under the Clean Water Act, IF 11136 (Updated February 24, 2023)
Redefining Waters of the United States (WOTUS): Recent Developments, R 46927 (Updated July 8, 2022)
Supreme Court Revisits Scope of “Waters of the United States” (WOTUS) Under the Clean Water Act, LSB 10707 (March 11, 2022)
What’s Next for WOTUS: Recent Litigation and Next Steps in Redefining “Waters of the United States,“ LSB 10646 (October 7, 2021)
Waters of the United States (WOTUS): Repealing and Revising the 2015 Clean Water Rule, IF 11339 (October 23, 2019)
Evolution of the Meaning of “Waters of the United States” in the Clean Water Act, R 44585 (Updated March 5, 2019)
Wading Into the “Waters of the United States,” LSB 10236 (December 28, 2018)
“Waters of the United States” (WOTUS): Current Status of the 2015 Clean Water Rule, R 45424 (Updated December 12, 2018)
Overview of the Army Corps and EPA Rule to Define “Waters of the United States” (WOTUS) and Recent Developments, IF 10125 (Updated October 22, 2018)
Clean Water Rule Challenges Must Begin in Federal District Courts, Supreme Court Holds, LSB 10069 (January 31, 2018)
Wetlands: An Overview of Issues, RL 33483 (Updated January 5, 2017)
EPA and the Army Corps’ Rule to Define “Waters of the United States,” R 43455 (Updated January 5, 2017)
