Monday, June 11, 2007

Top court's dredge/wetlands decision clarified

Last year, the Supreme Court issued its so-called "Rapanos" decision on the scope of federal jurisdiction, under the Clean Water Act's section 404 program, for discharges of dredged and fill material into waters of the United States, including wetlands.

The split decision left a good deal of uncertainty in its wake among environmental attorneys and others. Now, a year later, the EPA and the Army Corps of Engineers have jointly issued a long-awaited legal memorandum interpreting the top court's split decision.

K&L/Gates environmental attorneys Craig P. Wilson and Christopher R. Nestor examined the guidance document and break it all down for their clients (and you) in a recently released Environmental, Land Use and Natural Resources Alert

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