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"Long before the SWANCC case, there had been controversy and litigation over whether isolated waters that are not adjacent to true navigable waters are properly within the jurisdiction of Section 404.[citation needed] In 1985, the Supreme Court sustained the assertion by the Corps and EPA that waters and wetlands adjacent to navigable waters, interstate waters, or their tributaries are "waters of the United States" under Section 404. The question left for SWANCC was whether waters and wetlands not so adjacent, "isolated waters," are also so covered.
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