Pending Lawsuits Could Test Reach Of EPA's CWA Jurisdiction Guide

摘要

Pending lawsuits, including a suit the Supreme Court is scheduled to hear in its upcoming term and an appellate suit scheduled for oral argument next month, could test the reach of EPA and the Army Corps of Engineers' controversial draft guide for determining whether isolated wetlands and other marginal waters are regulated by the water act. Both suits raise questions about the standard the agency must apply when determining what is a "traditionally navigable water" (TNW) — a designation authorized by the Rivers & Harbors Act (RHA) that confers automatic jurisdiction under the Clean Water Act (CWA).