33 CFR 328.3 - Definitions

Cite as33 CFR 328.3
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402 practice notes
  • Meetings: National Environmental Policy Act compliance and environmental protection procedures,
    • United States
    • Federal Register February 25, 2000
    • February 25, 2000
    ...commerce; all impoundments of waters; tributaries; the territorial seas; and wetlands adjacent to other waters of the United States. (33 CFR 328.3(a)). Section 401(a)(1) of the CAA requires that prior to the issuance of any Federal license or permit for an activity which may result in a dis......
  • Definition of “Waters of the United States”-Recodification of Preexisting Rule
    • United States
    • Federal Register July 12, 2018
    • July 12, 2018
    ...----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 328 ENVIRONMENTAL PROTECTION 40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302, and 401 EPA-HQ-OW-2017-0203; FRL-9980-52-OW RIN 2040-AF......
  • Part II
    • United States
    • Federal Register March 12, 2007
    • March 12, 2007
    ...in the reversion provision is necessary, since prior converted croplands are not considered to be waters of the United States (see 33 CFR 328.3(a)(8)). One commenter suggested including a definition for shellfish seeding in the NWP. One commenter questioned whether the Corps has regulatory ......
  • Part II
    • United States
    • Federal Register December 12, 2008
    • December 12, 2008
    ...1362(7), the Clean Water Act defines ``navigable waters'' as ``waters of the United States,'' a term which the Corps and EPA define at 33 CFR 328.3 and 40 CFR 232.2, respectively. The proper scope of that definition has been extensively litigated and EPA and the Corps have issued supplement......
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295 cases
  • Stillwater of Crown Point Homeowner's Ass'n, Inc. v. Kovich, Cause No. 2:09–CV–157–PRC.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • October 11, 2011
    ...waters and tributaries. Rapanos v. United States, 547 U.S. 715, 126 S.Ct. 2208, 165 L.Ed.2d 159 (2006) (plurality opinion) (citing 33 C.F.R. § 328.3(i)(1), (2), (3), (5), and (7)). In Rapanos, the plurality opinion provides that “ ‘the waters of the United States' includes only those relati......
  • U.S. v. Johnson, No. 05-1444.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • February 13, 2006
    ...clarify the reach of its jurisdiction Page 168 under § 404(a) of the CWA.11 The Migratory Bird Rule is the Corps' interpretation12 of 33 C.F.R. § 328.3(a)(3)(1999).13 Section 328.3(a)(3) states that jurisdiction of the CWA extends waters such as intrastate lakes, rivers, streams (including ......
  • Stewart v. Potts, No. CIV. A. G-96-282.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • March 6, 1998
    ...under normal circumstances do support, a prevalence Page 672 of vegetation typically adapted for life in saturated soil conditions." 33 C.F.R. § 328.3(b). The Corps issues "jurisdictional determinations" in determining whether a proposed activity will result in a discharge into a wetland or......
  • Wy Outdoor Council Powder River v. U.S. Army Corps, No. 02-CV-155-D.
    • United States
    • United States District Courts. 10th Circuit. District of Wyoming
    • January 7, 2005
    ...as "waters of the United States", id. § 1362(7), which in turn is Page 1253 defined by regulation to include certain wetlands. 33 C.F.R. §§ 328.3(a), Section 404 of the CWA authorizes the Corps to regulate discharges of dredged and fill material into navigable waters through the issuance of......
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30 firm's commentaries
  • Controversial New Clean Water Rule Unlikely to Significantly Change Regulatory Status Quo
    • United States
    • JD Supra United States
    • May 29, 2015
    ...13, 1986) (the Corps’ definition of WOTUS), with 40 C.F.R. § 122.2 (2014) (EPA’s definition of WOTUS until the new rule takes effect), 33 C.F.R. § 328.3 (2014) (the Corps’ definition of WOTUS until the new rule takes effect). [12] See 33 C.F.R. § 328.3 (2014); 40 C.F.R. § 122.2 [13] See, e.......
  • Clean Water Act Groundwater Pollution Liability in Limbo
    • United States
    • JD Supra United States
    • October 5, 2018
    ...at **20-21; Ky. Waterways All.., 2018 U.S. App. LEXIS 27283, at *24. 23See Rapanos, 547 U.S. at 779 (Kennedy, J., concurring). 24See 33 CFR § 328.3(b)(5); Hawai’i Wildlife Fund, 886 F.3d at 746 n.2 (“We assume without deciding the groundwater here is neither a point source nor a navigable w......
  • EPA And Corps Published New Rule Establishing February 5, 2020 “Applicability Date” For 2015 Rule
    • United States
    • JD Supra United States
    • February 7, 2018
    ...date of February 6, 2020 of the 2015 Rule has now been added to the rules located in Title 33 of the Code of Federal Regulations (33 C.F.R. § 328.3) and Title 40 of the Code of Federal Regulations (40 C.F.R. § 110.1; 40 C.F.R. § 112.2; 40 C.F.R. § 116.3; 40 C.F.R. § 117.1; 40 C.F.R. § 122.2......
  • Clarifying “Muddy Waters:” EPA and Army Corps Propose Revisions to the Scope of CWA Jurisdiction
    • United States
    • JD Supra United States
    • December 13, 2018
    ...and transportation sectors. 1 Revised Definition of “Waters of the United States,” prepublication version, (to be codified at 33 CFR Part 328, 40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302, and 401), https://www.epa.gov/sites/production/files/2018-12/documents/wotus_2040-af75_npr......
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36 books & journal articles
  • Administrative Appeals, Judicial Review and Enforcement
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...(4) the district court's interpretation of the mens rea required for a felony conviction under the Act * * * Because we conclude that 33 C.F.R. § 328.3(a)(3) (1993) (defining waters of the United States to include those waters whose degradation "could affect" interstate commerce) is unautho......
  • Administrative Law
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...Corps; (b) the length of the comment period; (c) the proposed definition of “waters of the United States” that would be included in 33 C.F.R. § 328.3(a); (d) whether EPA or the Corps prepared an environmental impact statement or an environmental assessment for the proposed rulemaking. 3. In......
  • Regulation of Wetlands and Waters of the United States
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...not include a statutory definition for “wetlands,” both EPA and the Corps have adopted regulations that define “wetlands” as follows: 33 C.F.R. § 328.3 (b) (Corps’ regulations); 40 C.F.R. § 230.3(t) (EPA’s regulations). While that definition is the primary definition of wetlands for purpose......
  • Currents In Commerce Clause Scholarship Since Lopez: A Survey
    • United States
    • Capital University Law Review Nbr. 32-3, April 2004
    • April 1, 2004
    ..."water's" shallowness, permanency or use for navigation). [546] Warner, supra note 543, at 345-46. See SWANCC, 531 U.S. at 163 (quoting 33 CFR 328.3(a) (1999), that claimed authority to control the use of "'waters such as intrastate lakes, rivers, streams (including intermittent streams), m......
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