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Federal Jurisdiction Over Wetlands
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Book Synopsis The Clean Water Act Jurisdictional Handbook by : Roxanne Thomas
Download or read book The Clean Water Act Jurisdictional Handbook written by Roxanne Thomas and published by . This book was released on 2007-01-01 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author :United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Water Resources and Environment Publisher : ISBN 13 : Total Pages :216 pages Book Rating :4.0/5 (14 download)
Book Synopsis Inconsistent Regulation of Wetlands and Other Waters by : United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Water Resources and Environment
Download or read book Inconsistent Regulation of Wetlands and Other Waters written by United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Water Resources and Environment and published by . This book was released on 2005 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on Transportation and Infrastructure Publisher : ISBN 13 : Total Pages :916 pages Book Rating :4.F/5 ( download)
Book Synopsis Status of the Nation's Waters, Including Wetlands, Under the Jurisdiction of the Federal Water Pollution Control Act by : United States. Congress. House. Committee on Transportation and Infrastructure
Download or read book Status of the Nation's Waters, Including Wetlands, Under the Jurisdiction of the Federal Water Pollution Control Act written by United States. Congress. House. Committee on Transportation and Infrastructure and published by . This book was released on 2007 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on Appropriations. Subcommittee on Energy and Water Development Publisher : ISBN 13 : Total Pages :124 pages Book Rating :4.0/5 (17 download)
Book Synopsis Issues Related to Federal Wetlands Protection Program Under the Clean Water Act by : United States. Congress. Senate. Committee on Appropriations. Subcommittee on Energy and Water Development
Download or read book Issues Related to Federal Wetlands Protection Program Under the Clean Water Act written by United States. Congress. Senate. Committee on Appropriations. Subcommittee on Energy and Water Development and published by . This book was released on 1994 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributed to some depository libraries in microfiche.
Book Synopsis Wetlands Law and Policy by : Kim Diana Connolly
Download or read book Wetlands Law and Policy written by Kim Diana Connolly and published by American Bar Association. This book was released on 2005 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Compensating for Wetland Losses Under the Clean Water Act by : National Research Council
Download or read book Compensating for Wetland Losses Under the Clean Water Act written by National Research Council and published by National Academies Press. This book was released on 2001-11-06 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands by : Federal Interagency Committee for Wetland Delineation
Download or read book 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands written by Federal Interagency Committee for Wetland Delineation and published by . This book was released on 1991 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Jurisdiction Over Wetlands by : Ethan Lauer
Download or read book Federal Jurisdiction Over Wetlands written by Ethan Lauer and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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
Author :United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Fisheries, Wildlife, and Water Publisher : ISBN 13 : Total Pages :310 pages Book Rating :4.:/5 (51 download)
Book Synopsis SWANCC Supreme Court Decision by : United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Fisheries, Wildlife, and Water
Download or read book SWANCC Supreme Court Decision written by United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Fisheries, Wildlife, and Water and published by . This book was released on 2004 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on Interior and Insular Affairs Publisher : ISBN 13 : Total Pages :390 pages Book Rating :4.F/5 ( download)
Book Synopsis Effects of the President's Proposed Wetlands Policy on National Parks and Protected Areas by : United States. Congress. House. Committee on Interior and Insular Affairs
Download or read book Effects of the President's Proposed Wetlands Policy on National Parks and Protected Areas written by United States. Congress. House. Committee on Interior and Insular Affairs and published by . This book was released on 1993 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Waters and Wetlands by : United States. General Accounting Office
Download or read book Waters and Wetlands written by United States. General Accounting Office and published by . This book was released on 2004 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Wetlands Policy by : United States. Congress. House. Committee on Government Reform
Download or read book Federal Wetlands Policy written by United States. Congress. House. Committee on Government Reform and published by . This book was released on 2001 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :U. S. Fish U.S. Fish and Wildlife Service Publisher :CreateSpace ISBN 13 :9781507804841 Total Pages :132 pages Book Rating :4.8/5 (48 download)
Book Synopsis Federal Manual for Identifying and Delineating Jurisdiction Wetlands by : U. S. Fish U.S. Fish and Wildlife Service
Download or read book Federal Manual for Identifying and Delineating Jurisdiction Wetlands written by U. S. Fish U.S. Fish and Wildlife Service and published by CreateSpace. This book was released on 2015-02-14 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual describes technical criteria, field indicators and other sources of information, and methods for identifying and delineating jurisdictional wetlands in the Untied States. This manual is the product of many years of practical experience in wetland identification and delineation by four Federal agencies: Army Corps of Engineers, Environmental Protection Agency, Fish and Wildlife Service, and Soil Conservation Service.
Author :Committee on Characterization of Wetlands Publisher :National Academies Press ISBN 13 :0309587220 Total Pages :329 pages Book Rating :4.3/5 (95 download)
Book Synopsis Wetlands by : Committee on Characterization of Wetlands
Download or read book Wetlands written by Committee on Characterization of Wetlands and published by National Academies Press. This book was released on 1995-09-20 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis Regulating Wetlands Protection by : Ronald Keith Gaddie
Download or read book Regulating Wetlands Protection written by Ronald Keith Gaddie and published by SUNY Press. This book was released on 2000-01-01 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wetlands are a valuable natural resource, yet over 200,000 acres are destroyed in the United States per year. This book examines whether states should assume the role of protecting wetlands rather than the federal government.
Book Synopsis The Wetlands Coverage of the Clean Water Act Is Revisited by the Supreme Court by :
Download or read book The Wetlands Coverage of the Clean Water Act Is Revisited by the Supreme Court written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twice in the past, the Supreme Court has grappled with issues as to the geographic scope of the wetlands permitting program in the federal Clean Water Act (CWA). On June 19, 2006, the Supreme Court rendered a third decision, Rapanos v. United States, on appeal from two Sixth Circuit rulings consolidated by the Court. The Sixth Circuit rulings offered the Court a chance to clarify the reach of CWA jurisdiction over wetlands adjacent only to nonnavigable tributaries of traditional navigable waters -- including tributaries such as drainage ditches and canals that may flow intermittently. (Jurisdiction over wetlands adjacent to traditional navigable waters was established in one of the two earlier decisions.) The Court's decision provided little clarification, however, splitting 4-1-4. The four-justice plurality decision, by Justice Scalia, said that the CWA covers only wetlands connected to relatively permanent bodies of water (streams, rivers, lakes) by a continuous surface connection. Justice Kennedy, writing for himself, would have demanded a substantial nexus between the wetland and a traditional navigable water, using an ambiguous ecological test. Justice Stevens, for the four dissenters, would have upheld the current broad reach of Corps of Engineers/EPA regulations. Because no rationale commanded the support of a majority of the justices, lower courts will have to wrestle with the proper rule of decision to extract from Rapanos for resolving future cases. The legal and policy questions associated with Rapanos -- regarding the outer geographic limit of CWA jurisdiction and the consequences of restricting that scope -- have challenged regulators, landowners and developers, and policymakers for more than 30 years. The answer may determine the reach of CWA regulatory authority not only for the wetlands permitting program but also for several other CWA programs; the CWA has one definition of "navigable waters" that applies to the entire law. Critics of the regulatory program had hoped that the Supreme Court's decision would provide a "bright line" jurisdictional standard, but the 4-1-4 ruling did not do so and has led to pressure for guidance, new regulations, or possibly congressional action to clarify the current questions. While regulators and the regulated community debate the legal dimensions of federal jurisdiction under the CWA, scientists contend that there are no discrete, scientifically supportable boundaries or criteria along the continuum of wetlands to separate them into meaningful ecological or hydrological compartments. Wetland scientists believe that all such waters are critical for protecting the integrity of waters, habitat, and wildlife downstream. Changes in the limits of federal jurisdiction highlight the role of states in protecting waters not addressed by federal law. From the states' perspective, federal programs provide a baseline for consistent, minimum standards to regulate wetlands and other waters. Most states are either reluctant or unable to take steps to protect non-jurisdictional waters through legislative or administrative action.
Book Synopsis The Wetlands Coverage of the Clean Water Act Is Revisited by the Supreme Court by :
Download or read book The Wetlands Coverage of the Clean Water Act Is Revisited by the Supreme Court written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
