Kentucky environmental attorney Sanders says federal jurisdiction over wetlands still remains in flux well after Rapanos v. United States.

U.S. Environmental Protection Agency (EPA) and the Department of the Army issued revised guidance to ensure America’s wetlands, streams and other waters are better protected under the Clean Water Act (CWA). The guidance clarifies the geographic scope of jurisdiction under the CWA. 

The revised guidance replaces previous policy issued in June 2007 and clarifies a June 2006 Supreme Court decision in Rapanos v. United States regarding the scope of the agencies’ jurisdiction under the CWA. The guidance follows the agencies’ evaluation of more than 18,000 jurisdictional determinations and review of more than 66,000 comments.

More information on the guidance: http://www.epa.gov/owow/wetlands/guidance/CWAwaters.html