33 CFR 328.3 - Definitions
| Cite as | 33 CFR 328.3 |
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370 practice notes
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The Navigable Waters Protection Rule: Definition of “Waters of the United States”
...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......
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Definition of “Waters of the United States”-Recodification of Preexisting Rule
...----------------------------------------------------------------------- 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......
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Reissuance of Nationwide Permits
...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......
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Meetings: National Environmental Policy Act compliance and environmental protection procedures,
...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
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US v. Mills, PCR No. 88-03100-RV
...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......
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Holy Cross Wilderness Fund v. Madigan, No. 90-1252
...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.......
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Black Warrior River-Keeper, Inc. v. Drummond Co., Case No. 2:16-cv-01443-AKK
...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......
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United States v. HVI Cat Canyon, Inc., Case No. CV 11–5097 FMO (SSx)
...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
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Controversial New Clean Water Rule Unlikely to Significantly Change Regulatory Status Quo
...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.......
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Clean Water Act Groundwater Pollution Liability in Limbo
...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......
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EPA And Corps Published New Rule Establishing February 5, 2020 “Applicability Date” For 2015 Rule
...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......
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Clarifying “Muddy Waters:” EPA and Army Corps Propose Revisions to the Scope of CWA Jurisdiction
...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
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Regulation of Wetlands and Waters of the United States
...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......
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Administrative Appeals, Judicial Review and Enforcement
...(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) ......
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Administrative Law
...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......
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Currents In Commerce Clause Scholarship Since Lopez: A Survey
...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
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The Navigable Waters Protection Rule: Definition of “Waters of the United States”
...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
...----------------------------------------------------------------------- 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
...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,
...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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