It took a little over a year to get the guidance from the Federal Government after the Rapanos Case was heard in the Supreme Court. This guidance addressed the Rapanos case as well as the earlier SWANCC case and gave us all complicated but clear rules about what waters were regulated by the Federal Government and which weren't.
We have been hearing the rumor for over a year now that the Obama Administration was going to release their new guidance because the "Bush era" guidance didn't regulate enough waters. That day is finally here and the guidance is out for comment (see link at bottom of this blog).
The new Draft Guidance appears to try to grab more waters as jurisdictional, especially isolated waters that were clearly excluded by the SWANCC case and the subsequent guidance. Jim McCulley of LandmarkJCM will be meeting with leaders from the U.S. Army Corps of Engineers and the EPA next week in Washington DC to discuss this guidance and to get clarification.
LandmarkJCM will be scheduling a breakfast seminar in June to discuss what this guidance means to our clients.
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