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Comment: Rapanos Guidance III: "Waters" Revisited

This in-depth article examined the history of how the jurisdictional phrase “Waters of the United States (WOTUS),” originated and has been interpreted in the decades since it came into being under the CW) and how recent Supreme Court decisions that have interpreted the phrase fundamentally changed enforcement under the CWA. The article dissected the approach of EPA guidance for interpreting “WOTUS,” pending promulgation of a new WOTUS rule.