Headquarters Field Memos Implementing the 2023 Rule, as Amended

2016 Post-Hawkes Memorandum - Interim guidance to field staff in light of U.S. Army Corps of Engineers v. Hawkes Co.
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.
- Memorandum: Administration of Clean Water Act Programs - Approved Jurisdictional Determinations (Interim Guidance) (97.6 KB, June 24, 2016)
1989 Memorandum of Agreement - Allocates responsibilities between EPA and the Corps for determining the geographic scope of the CWA Section 404 program and the applicability of exemptions from regulation under Section 404(f).
1979 “Civiletti” Memorandum - U.S. Attorney General opinion on ultimate administrative authority under CWA Section 404 to determine the reach of navigable waters and the meaning of Section 404(f).
Clean Water Act Section 404 and Agriculture - Includes the 1990 Memorandum to the Field and the Memorandum withdrawing the March 2014 "U.S. Environmental Protection Agency and U.S. Department of the Army Interpretive Rule Regarding the Applicability of Clean Water Act Section 404(f)(l)(A)."