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136) In contrast, "[t]he agencies will decide jurisdiction over [other] waters based on a fact-specific analysis to determine whether they have a significant nexus with a traditional navigable water.
Environmental Protection Agency (EPA) issued long-awaited joint guidance to their field offices swing that the agencies will decide on a case-by-case basis whether wetlands and streams that either flow intermittently or are linked indirectly to traditional navigable waters will be subject to federal jurisdiction and, thus, will require a permit under Section 404 of the CWA.
113, 142 (2003) (stating that because "'navigable' now has jurisdictional import for CWA--as SWANCC clearly does--then the inclusion of even hydrogically connected groundwaters seems to exceed Congress' authority over traditional navigable waters and thus violate the principles of CWA federalism"); Philip Weinberg, It's Time for Congress to Re-arm the Army Corps of Engineers: A Response to the Solid Waste Agency Decision, 20 VA.