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.


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.


Wetlands

Wetlands

Author: Committee on Characterization of Wetlands

Publisher: National Academies Press

Published: 1995-09-20

Total Pages: 329

ISBN-13: 0309587220

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"Wetlands" has become a hot word in the current environmental debate. But what does it signify? In 1991, proposed changes in the legal definities of wetlands stirred controversy and focused attention on the scientific and economic aspects of their management. This volume explores how to define wetlands. The committee--whose members were drawn from academia, government, business, and the environmental community--builds a rational, scientific basis for delineating wetlands in the landscape and offers recommendations for further action. Wetlands also discusses the diverse hydrological and ecological functions of wetlands, and makes recommendations concerning so-called controversial areas such as permafrost wetlands, riparian ecosystems, irregularly flooded sites, and agricultural wetlands. It presents criteria for identifying wetlands and explores the problems of applying those criteria when there are seasonal changes in water levels. This comprehensive and practical volume will be of interest to environmental scientists and advocates, hydrologists, policymakers, regulators, faculty, researchers, and students of environmental studies.


Intermittent Rivers and Ephemeral Streams

Intermittent Rivers and Ephemeral Streams

Author: Thibault Datry

Publisher: Academic Press

Published: 2017-07-11

Total Pages: 624

ISBN-13: 0128039043

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Intermittent Rivers and Ephemeral Streams: Ecology and Management takes an internationally broad approach, seeking to compare and contrast findings across multiple continents, climates, flow regimes, and land uses to provide a complete and integrated perspective on the ecology of these ecosystems. Coupled with this, users will find a discussion of management approaches applicable in different regions that are illustrated with relevant case studies. In a readable and technically accurate style, the book utilizes logically framed chapters authored by experts in the field, allowing managers and policymakers to readily grasp ecological concepts and their application to specific situations. - Provides up-to-date reviews of research findings and management strategies using international examples - Explores themes and parallels across diverse sub-disciplines in ecology and water resource management utilizing a multidisciplinary and integrative approach - Reveals the relevance of this scientific understanding to managers and policymakers


Lawyers, Swamps, and Money

Lawyers, Swamps, and Money

Author: Royal C Gardner

Publisher: Island Press

Published: 2012-06-22

Total Pages: 275

ISBN-13: 1610910257

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Lawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them. Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of: the geographic scope and activities covered by the Clean Water Act the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency the goal of no net loss of wetlands the role of entrepreneurial wetland mitigation banking the tension between wetland mitigation bankers and in-lieu fee mitigation programs wetland regulation and private property rights. The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective. A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.


The Clean Water Act Handbook

The Clean Water Act Handbook

Author: Mark Ryan

Publisher: American Bar Association

Published: 2003

Total Pages: 340

ISBN-13: 9781590312179

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Provides a clearly presented overview of the law's provisions and pertient regulation and enforcement issues.


Riparian Areas

Riparian Areas

Author: National Research Council

Publisher: National Academies Press

Published: 2002-10-10

Total Pages: 449

ISBN-13: 0309082951

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The Clean Water Act (CWA) requires that wetlands be protected from degradation because of their important ecological functions including maintenance of high water quality and provision of fish and wildlife habitat. However, this protection generally does not encompass riparian areasâ€"the lands bordering rivers and lakesâ€"even though they often provide the same functions as wetlands. Growing recognition of the similarities in wetland and riparian area functioning and the differences in their legal protection led the NRC in 1999 to undertake a study of riparian areas, which has culminated in Riparian Areas: Functioning and Strategies for Management. The report is intended to heighten awareness of riparian areas commensurate with their ecological and societal values. The primary conclusion is that, because riparian areas perform a disproportionate number of biological and physical functions on a unit area basis, restoration of riparian functions along America's waterbodies should be a national goal.


Restoration of Aquatic Ecosystems

Restoration of Aquatic Ecosystems

Author: National Research Council

Publisher: National Academies Press

Published: 1992-01-01

Total Pages: 580

ISBN-13: 9780309045346

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Aldo Leopold, father of the "land ethic," once said, "The time has come for science to busy itself with the earth itself. The first step is to reconstruct a sample of what we had to begin with." The concept he expressedâ€"restorationâ€"is defined in this comprehensive new volume that examines the prospects for repairing the damage society has done to the nation's aquatic resources: lakes, rivers and streams, and wetlands. Restoration of Aquatic Ecosystems outlines a national strategy for aquatic restoration, with practical recommendations, and features case studies of aquatic restoration activities around the country. The committee examines: Key concepts and techniques used in restoration. Common factors in successful restoration efforts. Threats to the health of the nation's aquatic ecosystems. Approaches to evaluation before, during, and after a restoration project. The emerging specialties of restoration and landscape ecology.