33 CFR 331.2 - Definitions
| Cite as | 33 CFR 331.2 |
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51 practice notes
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The Navigable Waters Protection Rule: Definition of “Waters of the United States”
...the 2019 Rule. An AJD is a document issued by the Corps stating the presence or absence of waters of the United States on a parcel. See 33 CFR 331.2. As a matter of policy, AJDs are valid for a period of five years from the date of issuance unless new information warrants revision before th......
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Defenders of Wildlife v. Tuggle, No. CV 08-280 TUC DCB.
...regulations require affected parties to solicit the Corps' official position about the scope of the agency's regulatory jurisdiction, 33 C.F.R. § 331.2, so the decision delimits the stopping point of the decisionmaking process for issuance and review of jurisdictional determinations. Fairba......
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Lewis v. United States, CIIVIL ACTION NO. 17-1644-JWD-RLB
...jurisdictional determinations, which constitute "written indications that there may be waters of the United States on a parcel[.]" 33 C.F.R. § 331.2 (defining preliminary jurisdictional determination). Approved jurisdictional determinations are "clearly designated" actions from which an adm......
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Hoosier Envtl. Council v. Natural Prairie Ind. Farmland Holdings, LLC, CAUSE NO. 4:19-CV-71 DRL-JEM
...the property) who has received an approved [jurisdiction determination], permit denial, or has declined a proffered individual permit." 33 C.F.R. § 331.2. First, the plain text of this exhaustion provision obligates administrative 564 F.Supp.3d 704 review by the affected applicant only when......
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36 cases
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United States v. Sweeney, 2:17-cv-00112-KJM-KJN
...of waters of the United States on a parcel" and provide a map "identifying the limits of waters of the United States on a parcel." 33 C.F.R. § 331.2 (definitional provision); see also U.S. Army Corps of Eng'rs. v. Hawkes Co. , ––– U.S. ––––, 136 S. Ct. 1807, 1812, 195 L.Ed.2d 77 (2016). Suc......
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Hawkes Co. v. U.S. Army Corps of Eng'rs, No. 13–3067.
...nexus” to the Red River. See 33 C.F.R. §§ 320.1(a)(6), 325.9. Appellants responded by filing a timely administrative appeal. See 33 C.F.R. §§ 331.2, 331.3, 331.6.In October 2012, the Corps' Deputy Commanding General for Civil and Emergency Operations sustained the appeal, concluding after d......
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Defenders of Wildlife v. Tuggle, No. CV 08-280 TUC DCB.
...regulations require affected parties to solicit the Corps' official position about the scope of the agency's regulatory jurisdiction, 33 C.F.R. § 331.2, so the decision delimits the stopping point of the decisionmaking process for issuance and review of jurisdictional determinations. Fairba......
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Sawtooth Mountain Ranch LLC v. United States, Case No. 1:19-cv-0118-CWD
...to obtain a standalone "jurisdictional determination" (JD) whether particular property contains "waters of the United States."Page 35 33 C.F.R. § 331.2. A JD may be either "preliminary," advising a property owner that such waters "may" be present, or "approved," definitively "stating the pr......
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4 firm's commentaries
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Supreme Court Provides for Judicial Review of Army Corps Determinations
...08-02 (June 26, 2008). Under the Corps' regulations, preliminary JDs are non-binding and advisory in nature and cannot be appealed, see 33 C.F.R. § 331.2, while approved JDs "constitute a Corps final agency action" and can be administratively appealed, 33 C.F.R. §§ 320.1(a)(6), 331.2. Appro......
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Supreme Court Provides for Judicial Review of Army Corps Determinations
...08-02 (June 26, 2008). Under the Corps' regulations, preliminary JDs are non-binding and advisory in nature and cannot be appealed, see 33 C.F.R. § 331.2, while approved JDs “constitute a Corps final agency action” and can be administratively appealed, 33 C.F.R. §§ 320.1(a)(6), 331.2. Appro......
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Corps Issues New Guidance on Issuance of Jurisdictional Determinations
...parcel is subject to jurisdiction under Section 404 of the Clean Water Act (“CWA”) or Section 10 of the Rivers and Harbors Act (RHA). 33 C.F.R. § 331.2. RGL 16-01 was adopted in response to the U.S. Supreme Court’s unanimous holding in U.S. Army Corps of Engineers v. Hawkes, confirming land......
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Ninth Circuit Holds Assertion of Jurisdiction By USACE Not a Reviewable Agency Decision
...decision making on that issue can occur. Notably, JDs do not include determinations that a particular activity requires a permit. (33 C.F.R. § 331.2). An approved JD informs applicants that the USACE is asserting that the property contains waters of the United States. If the applicant choos......
5 books & journal articles
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Administrative Appeals, Judicial Review and Enforcement
...the applicant has declined to accept because he has objections to the terms and conditions of the permit ( a declined permit ). See 33 C.F.R. § 331.2 . Consequently, a preliminary jurisdictional determination, in which the Corps indicates that there may be jurisdictional waters on a parcel ......
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Statutory and Regulatory Citations
...appeal of that decision is allowed. he terms “approved jurisdictional determination,” “permit denial,” and “declined permit” are deined at 33 CFR 331.2. here shall be no administrative appeal of any issued individual permit that an applicant has accepted, unless the authorized work has not ......
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Statutory and Regulatory Citations
...appeal of that decision is allowed. he terms “approved jurisdictional determination,” “permit denial,” and “declined permit” are deined at 33 CFR 331.2. here shall be no administrative appeal of any issued individual permit that an applicant has accepted, unless the authorized work has not ......
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Regulation of Wetlands and Waters of the United States
...is non-binding, cannot be appealed, and can be used only to indicate that there may be wetlands or waters on a piece of property. See 33 C.F.R. § 331.2. It cannot be used to indicate that wetlands or waters are not present. See RGL 08-02, § 8. Landowners might seek preliminary jurisdictiona......
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