Section 404 of the Clean Water Act

Memorandum: Administration of Clean Water Act Programs - Approved Jurisdictional Determinations (Interim Guidance)

On May 31, 2016, the U.S. Supreme Court in U.S. Army Corps of Engineers v. Hawkes Co. (Hawkes) unanimously held that a U.S. Army Corps of Engineers approved jurisdictional determination is a final agency action subject to judicial review under the Administrative Procedure Act. This June 24, 2016 joint memorandum provides interim guidance to field staff in light of the decision.

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