Controversies over Redefining “Fill Material” Under the Clean Water Act

Claudia Copeland

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Environmental law and policy Regulation and Compliance Studies Environmental Policies and Emissions

Abstract

On May 3, 2002, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) announced a regulation redefining two key terms, "fill material" and "discharge of fill material," in rules that implement Section 404 of the Clean Water Act. This report discusses the 2002 rule, focusing on how it changes which material and types of activities are regulated under Section 404 and the significance of these issues, especially for the mining industry.

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