33 CFR 328.3 - Definitions

Cite as33 CFR 328.3
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370 practice notes
  • The Navigable Waters Protection Rule: Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department
    • Invalid date
    ...What action are the agencies taking? In this notice, the agencies are publishing a final rule defining ``waters of the United States'' in 33 CFR 328.3 and 40 CFR C. What is the agencies' authority for taking this action? The authority for this action is the Federal Water Pollution Control A......
  • 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......
  • Reissuance of Nationwide Permits
    • United States
    • Federal Register February 21, 2012
    • February 21, 2012
    ...and maintenance activities may be authorized by this NWP, including the application of the waste treatment system exclusion at 33 CFR 328.3(a)(8). Section 328.3(a)(8) states that ``waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of'' the Clean......
  • 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......
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284 cases
  • US v. Mills, PCR No. 88-03100-RV
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • March 31, 1993
    ...typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas." 33 C.F.R. § 328.3(b) (Army Corps definition); 40 C.F.R. § 230.3(t) (EPA The Millses argue that Congress unconstitutionally delegated its legislative authority t......
  • Holy Cross Wilderness Fund v. Madigan, No. 90-1252
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • April 3, 1992
    ...known as a section 404 permit, from the Corps. 33 U.S.C. § 1344(a). "Waters of the United States" includes wetlands. 33 C.F.R. § 328.3(a)(2), (3), (7); 40 C.F.R. § 232.2(q)(2), (3), (7); see also United States v. Riverside Bayview Homes, Inc., 474 U.S. 121, 106 S.Ct. 455, 88 L.Ed.......
  • Black Warrior River-Keeper, Inc. v. Drummond Co., Case No. 2:16-cv-01443-AKK
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • May 7, 2019
    ...S.Ct. 2208 (Kennedy, J., concurring) (citing The Daniel Ball , 77 U.S. 557, 10 Wall. 557, 19 L.Ed. 999 (1870) ); 40 C.F.R. § 230.3 ; 33 C.F.R. § 328.3. In that respect, 387 F.Supp.3d 1288 current or prior recreational use of the slough of "T1" does not establish that the slough is......
  • United States v. HVI Cat Canyon, Inc., Case No. CV 11–5097 FMO (SSx)
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • May 20, 2018
    ...means that consider the characteristics of the surrounding areas." Rapanos, 547 U.S. at 715, 126 S.Ct. at 2237 (quoting 33 C.F.R. § 328.3(e) ).10 Defendant filed a Notice of Lodging [of] Supplemental Authority (Dkt. 300), claiming that the Ninth Circuit's recent decision in Hawai'i Wil......
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31 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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11 books & journal articles
  • 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......
  • 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) ......
  • 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......
  • Currents In Commerce Clause Scholarship Since Lopez: A Survey
    • United States
    • Capital University Law Review Nbr. 32-3, April 2004
    • April 1, 2004
    ...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), mudfla......
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38 provisions
  • The Navigable Waters Protection Rule: Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department
    • Invalid date
    ...What action are the agencies taking? In this notice, the agencies are publishing a final rule defining ``waters of the United States'' in 33 CFR 328.3 and 40 CFR C. What is the agencies' authority for taking this action? The authority for this action is the Federal Water Pollution Control A......
  • 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......
  • Reissuance of Nationwide Permits
    • United States
    • Federal Register February 21, 2012
    • February 21, 2012
    ...and maintenance activities may be authorized by this NWP, including the application of the waste treatment system exclusion at 33 CFR 328.3(a)(8). Section 328.3(a)(8) states that ``waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of'' the Clean......
  • 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......
  • Request a trial to view additional results

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