Final "Tulloch" Clarification: Enhanced Wetlands Protections
On December 30, 2008, the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) issued a final rule to amend a Clean Water Act (CWA) section 404 regulation that defines the term "discharge of dredged material." This action conforms the Corps' and EPA's regulations to a court order invalidating the January 17, 2001, amendments to the regulatory definition (referred to as the "Tulloch II" rule). The fact sheet for the 2008 conforming rule is available here.
EPA and the U. S. Army Corps of Engineers have promulgated a final regulation to strengthen wetlands protection which went into effect on April 17, 2001. The document clarifies the new rule meant to stem the loss of the Nation's wetlands by clarifying the types of activities that are likely to result in a discharge of dredged material regulated under the Clean Water Act. While this action is an important step to protect the Nation's wetlands, there is no regulatory action that can fully close the loophole in the Clean Water Act that has led to this type of wetlands destruction. The 2001 rule is not in effect, and the fact sheet below is provided for informational purposes.