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Section 404 of the Clean Water Act

Memoranda Regarding Implementation of the Clean Water Rule

The initial memorandum on implemention of the Clean Water Rule was signed by Gina McCarthy, EPA Administrator, and Jo-Ellen Darcy, Assistant Secretary of the Army (Civil Works) on July 2015, following publication of the rule in the Federal RegisterOn October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the Clean Water Rule nationwide (PDF) pending further action of the court. In response to this decision, EPA and the Department of Army and the Army Corps of Engineers resumed nationwide use of the agencies’ prior regulations defining the term “waters of the United States,” as noted in second memorandum signed by Adminstrator McCarthy and Assistant Secretary Darcy on November 16, 2015. The agencies are currently in the process of additional rulemaking efforts to define "waters of the United States" in light of a February 28, 2017 Executive Order.

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