The Waters of the United States Rule: Under the CWA, dredge spoils (rock and sand released by dredging) are included in the definition of “pollutant” under 33 U.S.C. § 1362(6), and a permit must be issued by the Army Corps of Engineers before dredged or fill material may be discharged into “navigable waters” under Section 404 of the Act (33 U.S.C. § 1344). The Act defines “navigable waters” to include “the waters of the United States, including the territorial seas.” 33 U.S.C. § 1362(7). Since its enactment in 1972, the Army Corps of Engineers and U.S. EPA have struggled to come up with an acceptable definition for the term “waters of the United States.”…