waters of the United States


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waters of the United States

All navigable waters within the United States. The Army Corps of Engineers attempted to expand the definition to include wetlands and waterways that drained into navigable waters, thus allowing it to require permits from property owners under many circumstances. In the landmark decision of Rapanos v. United States, the Supreme Court decided, on June 19, 2006, that “The phrase the waters of the United States includes only those relatively permanent,standing or continuously flowing bodies of water ‘forming geographic features' that are described in ordinary parlance as ‘streams,' ‘oceans, rivers, [and] lakes'... and does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall.”

References in periodicals archive ?
On June 29, Arkansas and 11 other states sued the EPA over its rules defining Waters of the United States.
If Congress seeks to improve federal environmental protections of waters of the United States, it should not seek the indiscriminate expansion of federal regulatory authority.
To aid in the discussion, Section II of this article provides an overview of the CWA by examining the relevant statutory provisions and developed jurisprudence concerning the "addition" of a pollutant to navigable waters of the United States.
To this end, the Corps developed regulations to implement Section 404, wherein the term waters of the United States was further defined as including not only the traditional "navigable waters" but also "intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which could affect interstate commerce.
Interior Secretary Ken Salazar and Cape Wind President Jim Gordon signed the first lease for an offshore wind farm in the federal waters of the United States this morning at the American Wind Energy Association's Offshore Wind Conference in Atlantic City, New Jersey.
Pruitt revisited that promise Thursday when his office announced a two-year delay to the implementation of the Waters of the United States rule that has been fiercely condemned by ranchers, farmers and energy companies.
Environmental Protection Agency (EPA) and Department of the Army proposed the delay of the effective date of the 2015 Waters of the United States rule (WOTUS Rule) until sometime in 2020, at the earliest.
possible that these waters may qualify as waters of the United States,
EPA's illegal attempts to manufacture public support for its Waters of the United States rule and sway congressional opinion regarding legislation to address that rule have undermined the integrity of the rulemaking process and demonstrated how baseless this unprecedented expansion of EPA regulatory authority really is," he said.
Also known as the Waters of the United States rulemaking, the proposed definitions of waters will apply to all Clean Water Act programs.