CORPS Issues Revised Rapanos Guidance

The EPA and the Corps have revised the Rapanos Guidance in consideration of their experience implementing the guidance along with public comments over the past 18 months. Specifically, the revised guidance: 1. Clarifies how to determine the reach of the “Traditional Navigable Waters(TNWs),” 2. Clarifies the regulatory term “adjacent wetlands,” and; 3. Refines the concept of “relevant reach.” In addition, the Corps has issued a Regulatory Guidance Letter (RGL) 08-02 responding to public comments concerned with processing delays. Attached are three .pdf files that were issued by the EPA and the Corps. We would suggest that you review them thoroughly and act accordingly when surface waters, tributaries, and other areas of environmental concern are present as well as when performing delineations on a piece of property. Feel free to give our Governmental Affairs Staff a call if you have questions or need further information.

CWA Jurisdiction Following Rapanos v US and Carabell v US 12-02-08
Rapanos Response to Comments FINAL DEC 02 08
Rapanos Guidance Q_’s and A_’s