33 C.F.R. §329.4 - General definition
| Cite as | 33 C.F.R. §329.4 |
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10 books & journal articles
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What Wetlands Are Regulated? Jurisdiction of the §404 Program
...and • wetlands adjacent to, and tributaries and impoundments of, other waters within the deinition. 12 5. See 33 C.F.R. pt. 329. 6. 33 C.F.R. §329.4; see also infra Section II.C.1.a., addressing 2008 EPA guidance indicating the Agency’s position that waters susceptible to future commercial ......
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What Wetlands Are Regulated? Jurisdiction of the §404 Program
...CWA jurisdiction. As summarized above, this area of the law has been very active and remains controversial. 4. See 33 C.F.R. pt. 329. 5. 33 C.F.R. §329.4; see also infra Section II.C.l.a. (addressing 2008 EPA guidance indicating the Agency’s position that waters susceptible to future commer......
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Wetlands protection
...and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.” 33 C.F.R. § 329.4. Since creation of the § 404 program under the Act, the Corps has taken a more restrictive view than EPA of the jurisdictional reach of § 4......
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Limits on Federal Water Quality Regulation: The Tenth Amendment, the Commerce Clause, and Clean Water Act 'Navigable Waters
...and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.” 33 C.F.R. §329.4 (1999). 125. SWANCC , 531 U.S. at 168 n.3 (quoting S. Conf. Rep. No. 92-1236, at 144). 126. Id . at 172 (citing United States v. Appalachian......
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