Rapanos v. United States & Carabell v. United States

The final "Revised Definition of 'Waters of the United States'" rule was published in the Federal Register on January 18, 2023, and the rule took effect on March 20, 2023. However, the final rule is not currently operative in certain states and for certain parties due to litigation. The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps. Please visit the Rule Status page for additional information about the status of the 2023 Rule and litigation. More information about the final rule is available here. 

The agencies utilize the guidance listed below to implement the pre-2015 regulatory regime. Documents associated with guidance for implementing the definition of "waters of the United States" under the Clean Water Act following the Rapanos v. United States, and Carabell v. United States Supreme Court decision:

• Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States (pdf) (1.03 MB, December 2, 2008)
• Questions and Answers Regarding the Revised Rapanos & Carabell Guidance (pdf) (75.55 KB, December 2, 2008)
• June 2007 Legal Memorandum (pdf) (280.82 KB, June 5, 2007)
  This guidance is superseded by the December 2008 guidance
• 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) (114.17 KB, June 5, 2007)
• Rapanos v. United States - June 19, 2006 (pdf) (787.32 KB)