Two recent developments have clarified the Corps of Engineers' jurisdiction. In Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, et al., ___ US ___ (Jan. 9, 2001), the United States Supreme Court limited the jurisdiction of the United States Army Corps of Engineers under the Clean Water Act to navigable waters, their tributaries, and wetlands adjacent to them. On January 17, 2001, the Corps of Engineers published its final rule, "Further Revisions to the Clean Water Act - Regulatory Definition of 'Discharge of Dredged Materials,'" which clarifies and substantially limits the definition of "incidental fallback" which would be exempt from the Corps of Engineers permitting under Section 404 of the Clean Water Act.
