Beveridge & Diamond
 

EPA, Army Corps Extend Comment Period for Wetlands Regulatory Guidance

Beveridge & Diamond, P.C., November 30, 2007

The Environmental Protection Agency and U.S. Army Corps of Engineers have extended the deadline for submitting comments on the agencies’ joint guidance interpreting the limits of federal Clean Water Act (“CWA”) jurisdiction following last year’s splintered Supreme Court decision in Rapanos v. United States. The new deadline for submitting comments on the joint guidance is January 21, 2008. The agencies intend for the guidance to resolve remaining uncertainty over the scope of CWA jurisdiction over wetlands and non-navigable waters and to produce clear, consistent and predictable jurisdictional determinations. (For a detailed analysis of the EPA-Army Corps joint guidance, please click here.) Thus, the agencies are soliciting stakeholder comments about how the guidance is being applied in the field to evaluate whether it should be suspended, revised or reissued while amendments to federal regulations governing CWA jurisdiction are under consideration. 

To discuss these issues further, please contact Fred Wagner (fwagner@bdlaw.com), Gus Bauman (gbauman@bdlaw.com) or Parker Moore (pmoore@bdlaw.com).  

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