Clean Water Act Jurisdictional Handbook

In June 2006 the Supreme Court, in a decision that split 4-1-4, produced a result in Rapanos v. United States that makes federal Clean Water Act jurisdiction over the wetlands, streams, and other waters of the United States confusing and uncertain for citizens, landowners, and regulators alike. Members of Congress have introduced new legislation to restore jurisdiction over many of the waters cast into doubt by the decision; and the Environmental Protection Agency and Army Corps of Engineers (the federal regulatory agencies) issued a joint guidance document in June 2007 attempting to guide their respective staffs. Numerous federal courts have attempted to apply the uncertain teachings of Rapanos as well.

With the support of the Turner Foundation, and the assistance of numerous experts in wetlands science and law, the Environmental Law Institute has prepared a handbook that analyzes the case law, compiles the relevant scientific studies, and provides a set of jurisdictional checklists. The Handbook will assist anyone faced with a jurisdictional question involving a wetland or stream to understand what factors will allow them to find Clean Water Act jurisdiction.

For free download: The Clean Water Act Jurisdictional Handbook (2007)

Read ELI’s Press Release: New Handbook Explains the Law and Science of Clean Water Act Coverage (July 18, 2007)

Other relevant documents include:

S.B. 1870, 110th Cong., 1^st Sess., Clean Water Restoration Act of 2007 (Introduced in Senate July 25, 2007)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s1870is.txt.pdf

H.R. 2421, 110 th Cong. 1 st Sess., Clean Water Restoration Act of 2007 (May 22, 2007)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h2421ih.txt.pdf

Rapanos v. United States, 126 S. Ct. 2208 (2006)
http://www.epa.gov/owow/wetlands/pdf/Rapanos_SupremeCourt.pdf

EPA-Corps of Engineers Guidance Memorandum, June 5, 2007
http://www.epa.gov/owow/wetlands/pdf/RapanosGuidance6507.pdf