In an internal memo distributed to Corps district officials, Corps regulatory branch chief Mark Sudol says the Corps and EPA are in the process of developing joint guidance clarifying Clean Water Act (CWA) jurisdiction following the high court's ruling in Rapanos et ux., et al. v. United States on June 19.

The U.S. Army Corps of Engineers is distributing informal interim guidance that suggests EPA and the Corps will be making only narrow changes in how they determine whether a wetland or other waterbody is subject to CWA  protections in the wake of the Supreme Court's divided ruling last month on the scope of the water act, according to a copy of the guidance obtained by Inside EPA. http://www.aswm.org/wbn/epa_rapanos_memo.pdf 

For more information on the Rapanos ruling and other recent wetland-related decisions, visit http://www.aswm.org/fwp/rapanos_state2006.htm.