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Legal Update

New Guidance on Agencies' Jurisdiction Under Clean Water Act

8 December 2008
Mayer Brown Legal Update
On December 2, 2008, the US Environmental Protection Agency ("EPA") and Army Corps of Engineers (the "Corps") issued a memorandum providing new guidance on the agencies' view of their jurisdiction under the Clean Water Act ("CWA") , including over wetlands.1 This new guidance (the "2008 Guidance") revises the June 6, 2007, guidance (the "2007 Guidance") put out by the agencies following the US Supreme Court's decision in Rapanos v. United States and Carabell v. United States, 547 U.S. 715 (2006) (collectively, "Rapanos"), and attempts to alleviate some of the uncertainty that continues as a result of that decision.

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