Wetlands Guidance (Revised)

The U.S. Army Corps of Engineers and U.S. Environmental Protection Agency issued revised guidance on wetlands this month. This guidance was in response to the Rapanos Supreme Court Decision and revises and further clarifies the previous guidance.

The new guidance can be found at: http://www.epa.gov/owow/wetlands/pdf/CWA_Jurisdiction_Following_Rapanos120208.pdf

The new guidance clarifies the definition of Navigable Waters to expand to Waters that are navigable-in-fact or could be used for navigation. There is also a further clarification of adjacency and jurisdiction and further discussion of "significant nexus".

All of the clarifications are to the benefit of the agencies.

To see how this affects your project, please contact JCM Environmental. http://www.jcmenv.com/

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