Section 404 of the Clean Water Act grants the EPA “veto” power over fill permits issued by the Army Corps of Engineers. On April 23, the U.S. Court of Appeals for the D.C. Circuit upheld the EPA’s authority to annul a Corps permit even after it has been issued to the project applicant. The court… Continue Reading
Category Archives: Wetlands
Subscribe to Wetlands RSS FeedCalifornia Court Sidesteps Jurisdictional Question Under The Clean Water Act
Posted in Environmental Regulation, WetlandsSince the U.S. Supreme Court decided the Rapanos case in 2006, federal courts have grappled with the question of what qualifies under the Clean Water Act as “waters of the United States.” Last week in Garland v. Central Valley Regional Water Quality Control Board, a California court sidestepped the question. The Regional Board issued an… Continue Reading
The Wetlands Debate Intensifies As House Republicans Question Two Upcoming EPA Studies
Posted in Endangered Species, Environmental Regulation, WetlandsIn a recent post ["When is a Wetland a Wetland -- and How Do We Find Out?"] we described the significant uncertainties in ascertaining the reach of the Clean Water Act over wetlands, ponds, drainage ditches and other small aquatic features only remotely connected to navigable waterways such as rivers and lakes. On June 12, the debate… Continue Reading
When Is Wetland a Wetland – And How Do We Find Out?
Posted in Endangered Species, WetlandsIn recent years, two United States Supreme Court decisions have significantly reduced the scope of federal wetlands jurisdiction under the Clean Water Act. Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001); Rapanos v. United States, 547 U.S. 715 (2006). In SWANCC, the Court ruled the… Continue Reading