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Jurisdictional Information

  • 11 March 2019 - Definition of "Waters of the United States":  Rule Status and Litigation Update
    The U.S. Environmental Protection Agency and the Department of the Army are disappointed by the district courts’ rulings which leaves a confusing patchwork of authority in place across the country.  Rather than continuing to litigate the Applicability Date Rule, the agencies have decided to focus on the rulemaking actions underway.  The agencies are pursuing a two-step rulemaking process in response to the February 2017 Executive Order 13778 calling on the agencies to review the final 2015 Rule and publish for notice and comment a proposed rule rescinding or revising the rule.  The agencies are currently reviewing the nearly 800,000 public comments received on the first step to rescind the 2015 Rule and re-codify the prior regulations.  In addition, the agencies published on February 14, 2019, a proposed rule to revise the definition of “waters of the United States."  The number of states implementing the 2015 Rule remains at 22 (as seen on the map below).
  • 14 February 2019 - EPA and Army publish proposed revised "waters of the United States" definition
    The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states.  The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule."  The publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA.  Additional Information, including supporting analyses and fact sheets, is available at:  https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule
  • 11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition
    The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule."  The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019.  More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.
  • 16 August 2018 - Definition of "Waters of the United States": Rule Status and Litigation Update
    The EPA and the Army continue to review the U.S. District Court for the District of South Carolina’s decision to vacate and nationally enjoin the agencies’ final rule that added an applicability date to the 2015 Clean Water Rule. Pursuant to the court’s order, the 2015 Clean Water Rule is now in effect in 22 states, the District of Columbia and the U.S. territories. Parties to the case, including the EPA and the Army, have filed motions appealing the order and seeking a stay of the district court’s decision. While the litigation continues, the agencies are complying with the district court’s order, and implementation issues that arise are being handled on a case-by-case basis. The agencies recognize the uncertainty this decision has created and are committed to working closely with states and stakeholders to provide updated information on an ongoing basis regarding which rules are in place in which states. If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or the EPA.
  • 6 February 2018 - The Environmental Protection Agency and U.S. Department of the Army have finalized a rule adding an applicability date to the 2015 Rule defining “waters of the United States.”  The 2015 Rule will not be applicable until 6 February 2020 (two years following publication of the applicability date rule in the Federal Register).   The Federal Register notice can be found at https://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=2018-02429&packageId=FR-2018-02-06&acCode=FR&collectionCode=FR.

    The Corps will continue to use the regulations and guidance in effect prior to 28 August 2015 in making jurisdictional determinations (1986 regulations and 2003/2008 guidance documents) until 6 February 2020, or until a new rule goes into effect. For more information on the rulemaking effort, please see EPA's webpage.
     
  • 27 July 2017 - The proposed rule "Definition of ‘‘Waters of the United States’’ — Recodification of Pre-Existing Rules" was published in the Federal Register for a 30-day public comment period. This is the proposed rule for the first step of the effort associated with the Executive Order, signed on 28 February 2017, ‘‘Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.’’ Please click here for a copy of the Federal Register Notice. The Corps will continue to use the regulations and guidance in effect prior to 28 August 2015 in making jurisdictional determinations (1986 regulations and 2003/2008 guidance documents) until a new rule goes into effect. For more information on the rulemaking effort please see EPA's webpage.
     
  • Approved JDs

Rule -- 1986 Regulations, 2003 SWANCC and 2008 Rapanos Guidance Documents

Current RGL on Jurisdictional Determinations

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Click here to expand contentClick here to collapse content  RGL 16-01 - Jurisdictional Determinations

Other Jurisdictional Information