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The Supreme Court Addresses Corps of Engineers Jurisdiction Over "Isolated Waters": The SWANCC Decision
Robert Meltz, Claudia Copeland
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Abstract
On January 9, 2001, the Supreme Court handed down Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers. At issue in SWANCC was the scope of Clean Water Act section 404, which requires permits for the discharge of dredged or fill materials into "navigable waters," defined by the Act as "waters of the United States." Section 404 is the charter for the federal wetlands permitting program.