Ever since Rapanos, EPA has struggled to consistently apply the "continuous surface connection" and "significant nexus test" which both emerged from the Supreme Court decision. The two tests are to be used to determine whether wetlands fall within federal jurisdiction.
To combat these inconsistencies, the Army Corps (ACOE) has adopted guidance documents to help
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U.S. EPA’s Office of Inspector General released a report regarding the effects of the Supreme Court’s decision in Rapanos on enforcement of Section 404 of the Clean Water Act. The report, titled Comments Related to Effects Jurisdictional Uncertainty On Clean Water Act Implementation, contains some interesting observations and discussion. Bottomline, the lack of clarity