33 CFR 328.3 - Definitions
| Cite as | 33 CFR 328.3 |
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402 practice notes
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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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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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Part II
...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 ......
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Part II
...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
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Stillwater of Crown Point Homeowner's Ass'n, Inc. v. Kovich, Cause No. 2:09–CV–157–PRC.
...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......
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U.S. v. Johnson, No. 05-1444.
...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 ......
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Stewart v. Potts, No. CIV. A. G-96-282.
...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......
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Wy Outdoor Council Powder River v. U.S. Army Corps, No. 02-CV-155-D.
...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
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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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36 books & journal articles
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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) is unautho......
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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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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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Currents In Commerce Clause Scholarship Since Lopez: A Survey
..."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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