Definitions
| Currency | Current through May 31, 2023 |
| Citation | 33 C.F.R. §331.2 |
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1 cases
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Lewis v. United States
...of the United States on a parcel or a written statement and map identifying the limits of waters of the United States on a parcel." 33 C.F.R. § 331.2. 2. As an aside, during a historic 500-year flood in 2016, this property was unscathed although 80% of the Livingston Parish homes were flood......
3 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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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......
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How To Appeal An Approved Jurisdictional Determination (AJD) Issued By The Army Corps Of Engineers
...interesting time to be practicing environmental law. Footnotes 1. The author is the attorney representing the Defendants in this case. 2. 33 CFR 331.2 3. Id. 4. Id. at 662 5.[iv] Id. at 662-63 6. Id. at 663 7. Id. at 671 8. Id. at 678-79 (internal citations omitted) (emphasis added). 9. Cas......