Section 404 of the Clean Water Act

January 2003 Legal Memorandum Regarding SWANCC

This joint legal memorandum (68 FR 1991, 1995 (Jan . 15, 2003)) provides clarifying guidance regarding the Supreme Court’s decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U.S. 159 (2001) (‘‘SWANCC’’). It was jointly signed in January 2003 by the General Counsels of EPA and the Department of Army.

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