33 C.F.R. §329.4 - General definition

Cite as33 C.F.R. §329.4
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10 books & journal articles
  • What Wetlands Are Regulated? Jurisdiction of the §404 Program
    • United States
    • Environmental Law Reporter No. 40-4, April 2010
    • April 1, 2010
    ...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 ......
  • What Wetlands Are Regulated? Jurisdiction of the §404 Program
    • United States
    • Wetlands deskbook. 4th edition -
    • April 11, 2015
    ...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......
  • Wetlands protection
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...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......
  • Limits on Federal Water Quality Regulation: The Tenth Amendment, the Commerce Clause, and Clean Water Act 'Navigable Waters
    • United States
    • The Clean Water Act and the Constitution. Legal Structure and the Public's Right to a Clean and Healthy Environment Part I
    • April 20, 2009
    ...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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