Section 404 of the Clean Water Act

Memorandum: Administration of Clean Water Act Programs - Approved Jurisdictional Determinations (Interim Guidance)

On May 31, 2016, the U.S. Supreme Court in U.S. Army Corps of Engineers v. Hawkes Co. (Hawkes) unanimously held that a U.S. Army Corps of Engineers approved jurisdictional determination is a final agency action subject to judicial review under the Administrative Procedure Act. This June 24, 2016 joint memorandum provides interim guidance to field staff in light of the decision.

You will need Adobe Reader to view some of the files on this page. See EPA’s About PDF page to learn more.