The Rapanos/Carabell court cases, as well as earlier cases impact the definition of waters under the Clean Water Act as a whole, not just dredge and fill activities under Section 404. Areas identified as not jurisdictional will affect Clean Water Act jurisdiction over point sources, oil spills etc. In a March 2006 article in "Industrial Water World- Roberta Savage past executive director of the Association of State and Interstate Water Pollution Control Agencies stated: The statutory term at issue in this case, "waters of the United States," is integral not just to the CWA §404 dredge and fill provisions, but to jurisdictional reach of all clean water programs under the act. This definition is the lynchpin for state water quality standards under §302 and §303, national performance standards under §306, toxic and pretreatment standards under §307, oil and hazardous substance liability under §311, aquaculture standards under §318, state water quality certifications under §401, and national pollution discharge permitting requirements under section §402.

For the full article, click HERE.

U.S. Department of Justice: Digest of Significant Decisions Addressing SWANCC

National Wildlife Federation: Summary of Post SWANCC Case Law (Through Spring 2006)

Jon Kusler, Association of State Wetland Managers: 'Waters of the U.S.' After SWANCC