Navigating SWANCC: An Examination of the U.S. Army Corps of Engineers' Authority Under the Clean Water Act

摘要

In light of SWANCC, the Corps' and EPA's statutory authority to regulate the use of wetlands under the CWA only extends to the regulation of navigable waters and wetlands adjacent to navigable waters. This interpretation of the CWA most accurately reflects the clear statutory language and the legislative history of the Act.