NEW POLICIES ON 'WATERS OF THE U.S' JURISDICTION

摘要

New guidance to determine federal jurisdiction of some "waters of the United States" may lead to a more holistic view of the watershed and justify a National Water Policy. On June 5, 2007, the Assistant Secretary of the Army and the Assistant Administrator for Water, U.S. Environmental Protection Agency (EPA), signed into effect a Memorandum for the Corps of Engineers Director of Civil Works (Corps) and EPA Regional Administrators to coordinate on Jurisdictional Determinations (JDs) under Clean Water Act (CWA) Section 404. This charge to col-laboratively document JDs is a result of the Supreme Court decisions made under Solid Waste Agency of Northern Cook County vs. The US Army Corps of Engineers S 531 U.S. 159 (2001) ("SWANCC") and the 2006 Supreme Court consolidated cases Rapanos v. U.S. and Carabell v. U.S. (known as the "Rapanos" decision).