Insights

Summary of Guidance Related to the U.S. Supreme Court Decisions from Rapanos and Carabell

Thinking Forward
Categorized Under: Environment

The following describes issues related to the U.S. Supreme Court consolidated decisions in the Rapanos and Carabell cases. They both focus on the extent of the U.S. Army Corps of Engineer's (USACE's) jurisdiction under Section 404 of the Clean Water Act. Section 404 requires that a permit be obtained from USACE for discharges of dredged or fill material into waters of the United States. The U.S. Environmental Protection Agency (EPA) has oversight authority on Section 404 of the Clean Water Act.

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Thinking Forward - An ICF International Publication

Authored By

Ken Bogdan
Senior FellowICF International

Ken Bogdan is an Environmental Counsel with ICF International, specializing in environmental laws and regulations—California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), Sections 404 of the Clean Water Act, and both federal and California Endangered Species Acts. His primary function is developing strategies for environmental compliance. As leader of the ICF environmental education program, Mr. Bogdan regularly organizes and presents workshops on CEQA, NEPA, and other environmental regulations for clients and educational institutions, including several campuses of the University of California Extension.

Mr. Bogdan is coauthor of CEQA Deskbook, The NEPA Book: A Step-By-Step Guide on How to Comply with the National Environmental Policy Act and Wetlands Regulation: A Complete Guide to Federal and California Programs.