March 01, 2015

Regulations Propose Definitions of U.S. Waters

Irma S. Russell

In his dissent in Rapanos v. United States, Justice Breyer argued that the Clean Water Act (CWA) authorized the U.S. Army Corps of Engineers (Corps) to regulate waters and wetlands to the limit of the Commerce Clause. 547 U.S. 715, 811. He also suggested that the Corps write regulations to resolve the long-standing question of the scope of regulation of the waters of the United States. The final paragraph of his dissent states:

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