Tag: Justice Kennedy

Bill Halts Guidance on ‘Federally Regulated Waters’

Following are key points made in the draft guidance in three critical areas–significant nexus, tributaries, and adjacent wetlands. Significant Nexus To evaluate the presence or absence of a significant nexus, the agencies intend, as a general matter, to consider: •              Waters similarly situated with waters of the same resource type, specifically tributaries, adjacent wetlands, or […]