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Jurisdictional Information

8 September 2023 - EPA and the Army Issue Final Rule to Amend 2023 Rule
9/8/2023
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United...
29 August 2023 - To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule
8/29/2023
Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of “waters of the United States” to conform...
27 June 2023 - UPDATE Supreme Court Ruling in Sackett v. Environmental Protection Agency
6/27/2023
The Environmental Protection Agency and the U.S. Department of the Army (agencies) are in receipt of the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection...
12 May 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update
5/12/2023
On April 12, 2023, a district court judge in North Dakota issued an order preliminarily enjoining in 24 States the 2023 rule issued by EPA and the Department of the Army defining “waters of the United...
20 March 2023 - Final Revised Definition of "Waters of the United States" Becomes Effective
3/20/2023
On 20 March 2023, the final "Revised Definition of 'Waters of the United States'" rule (the “2023 Rule”) became effective. The 2023 Rule is operative in all U.S. jurisdictions except the states of...
30 July 2021 – EPA and Army Announce Next Steps for Crafting Enduring Definition of Waters of the United States
7/30/2021
The Environmental Protection Agency (EPA) and the Department of the Army (Army) have announced plans for upcoming community engagements to inform their efforts to revise the definition of “waters of...
9 June 2021 - EPA, Army Announce Intent to Revise Definition of Waters of the United States
6/9/2021
The Environmental Protection Agency and Department of the Army have announced their intent to revise the definition of “waters of the United States” to better protect our nation’s vital water...
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Other Jurisdictional Information

2023 Rule, as amended - Revised Definition of “Waters of the United States" (Operative in 23 States)

Pre-2015 WOTUS Regulatory Regime (Operative in 27 States)

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 Rapanos/Carabell
 SWANCC - Solid Waste Agency of Northern Cook County v. USACE (2001)
  • 2003 SWANCC Guidance - Guidance clarifying the Supreme Court’s decision in Solid Waste Agency of Northern Cook County v. USACE (2001) and federal regulation of "navigable waters".
 Implementation Memos

Current RGL on Jurisdictional Determinations

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 RGL 16-01 - Jurisdictional Determinations