The federal government clarified the process it will use to determine the scope of CWA jurisdiction in an important guidance memorandum issued June 5, 2007. The guidance distinguishes between situations in which federal agencies will categorically exert jurisdiction under CWA and circumstances where the agencies will proceed under a case-by-case analysis.
Recently, the U.S. Army Corps of Engineers made significant changes to the nationwide permit program for wetlands and other waters of the United States. With the reissuance of forty-three nationwide permits and the issuance of six new nationwide permits, effective March 19, 2007, the Corps has expanded its jurisdiction and increased the number and type of activities covered by nationwide permits.