2008 Rapanos Guidance and Related Documents under CWA Section 404
The Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies continue to review the order and consider next steps. This includes working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation.
The agencies are currently utilizing the guidance materials listed below.
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.
- Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States (pdf)
- Questions and Answers Regarding the Revised Rapanos & Carabell Guidance (pdf)
- June 2007 Legal Memorandum (pdf)
- 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 (pdf)