Revisions to the Clean Water Act Regulatory Definition of ``Discharge of Dredged Material''

The U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) are promulgating a final rule amending a Clean Water Act (CWA) section 404 regulation that defines the term ``discharge of dredged material.'' This action conforms that definition to the results of a lawsuit holding that by asserting jurisdiction over any redeposit of dredged material, including incidental fallback, the Agencies had exceeded our statutory authority under the CWA. Today's action is intended to comply with the injunction issued by the district court in that case. Today's rule responds to the court decision by deleting language from the regulation that was held to exceed our CWA statutory authority and by adding clarifying language.