Back to SWANCC

 

 

United States Environmental Protection Agency
Office of Wetlands, Oceans, and Watersheds

Washington, D.C.  20460

 

 

United States Department of the Army

U.S. Army Corps of Engineers

Washington, D.C.  20314

                                                                       

           

Guidance for Corps and EPA Field Offices Regarding

Clean Water Act Section 404 Jurisdiction Over Isolated Waters

in Light of United States v. James J. Wilson

 

 

            On December 23, 1997, the U.S. Court of Appeals for the Fourth Circuit issued a decision in the case of United States v. Wilson, 133 F.3d 251 (4th Cir. 1997)), which addressed Clean Water Act jurisdiction over isolated water bodies.  On May 28, 1998, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) issued guidance to explain the Wilson decision, and to provide specific guidance applicable to jurisdiction involving isolated water bodies within Fourth Circuit states.  Supplemental information was issued on June 26, 1998.  On January 9, 2001, the U.S. Supreme Court issued a ruling in Solid Waste Association of Northern Cook County v. U.S. Army Corps of Engineers, (No. 99-1178, decided January 9, 2001) (SWANCC).

 

            EPA and the Corps of Engineers now withdraw, in order to allow for reconsideration in light of the U.S. Supreme Court’s ruling in SWANCC, the Wilson Guidance issued on May 28, 1998, and supplemental information on June 26, 1998.

                                                                                                                       

            EPA and the Corps are developing information on the legal scope and implications of the decision in SWANCC, which should be available shortly.

 

            If you have any questions, please contact Donna Downing at (202) 260-8795 at EPA, or Sam Collinson at (202) 761-4594 at the Corps.

 

                                    [Original signed and dated January 19, 2001]

 

______________________________                        _______________________________

 

Robert H. Wayland, III                                     Charles M. Hess

Director, Office of Wetlands, Oceans                Chief, Operations, Construction, and

and Watersheds                                                            Readiness Division

Office of Water                                                            Directorate of Civil Works

U.S. Environmental Protection Agency              U.S. Army Corps of Engineers