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Navigable Waters Protection Rule

Legal Memoranda Regarding Solid Waste Agency of Northern Cook County (SWANCC) v. United States

The 2003 joint legal memorandum (68 FR 1991, 1995 (Jan . 15, 2003)) provides clarifying guidance regarding the Supreme Court’s decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U.S. 159 (2001) (‘‘SWANCC’’). It was jointly signed in January 2003 by the General Counsels of EPA and the Department of Army.

The 2001 joint legal memorandum describes which aspects of the regulatory definition of "waters of the United States" are and are not affected by SWANCC. It was jointly signed in January 2001 by the General Counsel of EPA and the Chief Counsel of the Army Corps of Engineers. This guidance is superseded by the 2003 guidance.

Please visit “Definition of ‘Waters of the United States’: Rule Status and Litigation Update” for updates regarding the status of this guidance. 

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