The U.S. Army Corps of Engineers (USACE), in coordination with the EPA, regulate potential impacts to wetlands and other water of the United States (WOTUS) under the Clean Water Act (CWA § 404) and the Rivers and Harbors Act of 1899 (RHA § 10). A critical distinction exists between wetland classification (the ecological identification of a wetland based on physical, hydrological, and biological indicators) and a jurisdictional determination (a regulatory determination of whether that wetland is federally regulated under the WOTUS definition). The proposed revisions re-define WOTUS and could directly impact landowners, developers, and stakeholders in terms of compliance and permitting obligations. The agencies seek to Read More »