In June 2006 the Supreme Court, in a decision
that split 4-1-4, produced a result in Rapanos v. United
that makes federal Clean Water Act jurisdiction over the
wetlands, streams, and other waters of the United States confusing
and uncertain for citizens, landowners, and regulators alike.
Members of Congress have introduced new legislation to restore
jurisdiction over many of the waters cast into doubt by the
decision; and the Environmental Protection Agency and Army Corps of
Engineers (the federal regulatory agencies) issued a joint guidance
document in June 2007 attempting to guide their respective staffs.
Numerous federal courts...