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The Supreme Court recently ruled on the Waters of the United States (WOTUS) in relation to the Clean Water Act (CWA) that can save property owners money and contractors time on construction schedules. Prior to the ruling, developers had to complete the entire CWA Section 404 permit process, potentially taking years and hundreds of thousands of dollars to determine if WOTUS were located on the property. The new decision allows landowners to waive the 404 permit process before seeking a court ruling but may do so immediately after receiving a final Army Corps of Engineers or EPA jurisdictional determination (JD) that the property in question contains WOTUS.
