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Section 404 of the Clean Water Act

2008 Rapanos Guidance and Related Documents under CWA Section 404

In the jurisdictions where the Navigable Waters Protection Rule is effective, the materials listed below are inoperative because they are no longer necessary or material.

On June 19, 2020, the District Court for the District of Colorado stayed the effective date of the Navigable Waters Protection Rule only in the State of Colorado. As a result of the stay, the 1980s regulations, which the 2019 Rule recodified, remain effective in Colorado. The agencies will use the documents listed above in Colorado to inform implementation of the 2019 Rule for the duration of the stay.

This joint memorandum, "Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States," (signed December 2, 2008), provides guidance to Environmental Protection Agency (EPA) regions and U.S. Army Corps of Engineers (Corps) districts implementing the Supreme Court's decision in the consolidated cases Rapanos v. United States and Carabell v. United States which address the jurisdiction over waters of the United States under the Clean Water Act. This guidance incorporates revisions to the EPA/Army Memorandum originally issued on June 6, 2007, after careful consideration of public comments received and based on the agencies' experience in implementing the Rapanos decision.

In addition, related documents include Questions and Answers Regarding the Revised Rapanos & Carabell Guidance and the June 2007 Memorandum of Agreement regarding Coordination on Jurisdictional Determinations under Clean Water Act Section 404 in Light of the SWANCC and Rapanos Supreme Court Decisions.

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