Summary: The Army Corps of Engineers is illegally imposing its control over tens of millions of acres in Alaska by impermissibly labeling permafrost as “wetlands” subject to federal jurisdiction under the Clean Water Act. This classification violates the Corps’ own 1987 wetlands delineation manual, which Congress has ordered the agency to follow until such time as a new nationwide manual is adopted, and which does not recognize permafrost as jurisdictional wetlands.
