The Clean Water Act Jurisdictional Handbook

The Clean Water Act Jurisdictional Handbook

Author: Roxanne Thomas

Publisher:

Published: 2007-01-01

Total Pages: 77

ISBN-13: 9781585761197

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In June 2006 the Supreme Court, in a decision that split 4-1-4, produced a result in Rapanos v. United States that makes federal Clean Water Act jurisdiction over the wetlands, streams, and other waters of the United States confusing and uncertain for citizens, landowners, and regulators alike. Members of Congress have introduced new legislation to restore jurisdiction over many of the waters cast into doubt by the decision; and the Environmental Protection Agency and Army Corps of Engineers (the federal regulatory agencies) issued a joint guidance document in June 2007 attempting to guide their respective staffs. Numerous federal courts have attempted to apply the uncertain teachings of Rapanos as well. With the support of the Turner Foundation, and the assistance of numerous experts in wetlands science and law, the Environmental Law Institute has prepared a handbook that analyzes the case law, compiles the relevant scientific studies, and provides a set of jurisdictional checklists. The Handbook will assist anyone faced with a jurisdictional question involving a wetland or stream to understand what factors will allow them to find Clean Water Act jurisdiction.


Compensating for Wetland Losses Under the Clean Water Act

Compensating for Wetland Losses Under the Clean Water Act

Author: National Research Council

Publisher: National Academies Press

Published: 2001-11-06

Total Pages: 348

ISBN-13: 0309133025

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Recognizing the importance of wetland protection, the Bush administration in 1988 endorsed the goal of "no net loss" of wetlands. Specifically, it directed that filling of wetlands should be avoided, and minimized when it cannot be avoided. When filling is permitted, compensatory mitigation must be undertaken; that is, wetlands must be restored, created, enhanced, and, in exceptional cases, preserved, to replace the permitted loss of wetland area and function, such as water quality improvement within the watershed. After more than a dozen years, the national commitment to "no net loss" of wetlands has been evaluated. This new book explores the adequacy of science and technology for replacing wetland function and the effectiveness of the federal program of compensatory mitigation in accomplishing the nation's goal of clean water. It examines the regulatory framework for permitting wetland filling and requiring mitigation, compares the mitigation institutions that are in use, and addresses the problems that agencies face in ensuring sustainability of mitigated wetlands over the long term. Gleaning lessons from the mixed results of mitigation efforts to date, the book offers 10 practical guidelines for establishing and monitoring mitigated wetlands. It also recommends that federal, state, and local agencies undertake specific institutional reforms. This book will be important to anyone seeking a comprehensive understanding of the "no net loss" issue: policy makers, regulators, environmental scientists, educators, and wetland advocates.


SWANCC Supreme Court Decision

SWANCC Supreme Court Decision

Author: United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Fisheries, Wildlife, and Water

Publisher:

Published: 2004

Total Pages: 320

ISBN-13:

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Wetlands Law and Policy

Wetlands Law and Policy

Author: Kim Diana Connolly

Publisher: American Bar Association

Published: 2005

Total Pages: 556

ISBN-13: 9781590312865

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Focusing on the Clean Water Act's Section 404 permitting program, this comprehensive analysis of the government's evolving role in protecting wetlands covers the scientific, social, and legal implications of Section 404, and includes chapters detailing wetlands ecology, the states' role in implementing these policies, takings issues, judicial review, and agricultural programs.


Federal Jurisdiction Over Wetlands

Federal Jurisdiction Over Wetlands

Author: Ethan Lauer

Publisher:

Published: 2023

Total Pages: 0

ISBN-13:

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"This information memorandum discusses the impacts of the new understanding of "adjacent" wetlands. It provides an overview of federal and state wetland permitting, presents a timeline of significant judicial and regulatory actions interpreting "adjacent," and then summarizes the 2023 Supreme Court decision and the subsequent federal rule revision. Finally, it discusses how these developments affect Wisconsin's regulation of wetlands." -- Page 1