Jun. 20, 2007 -- The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers issued joint guidance for their field offices to ensure America's wetlands and other water bodies are protected under the Clean Water Act (CWA). The guidance clarifies those circumstances where a person may need to obtain a CWA Section 404 permit before conducting activities in wetlands, tributaries and other waters. Individual tribal, state and local laws, regulations, or policies may further protect aquatic water resources.

The guidance is consistent with the Supreme Court's decision in the consolidated cases Rapanos v. United States and Carabell v. United States regarding the scope of the agencies' jurisdiction under the CWA.

During the first six months implementing the guidance, the agencies are inviting public comments on case studies and experiences applying the guidance. Upon publication of the notice of availability in the Federal Register, comments can be submitted to docket EPA-HQ-OW-2007-0282 at www.regulations.gov. The agencies will more broadly consider jurisdictional issues, including additional clarification and definition of key terminology, through rulemaking or other appropriate policy practice.

- From the U.S. Environmental Protection Agency