The Wetlands Coverage of the Clean Water Act (CWA): Rapanos and Beyond
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 other CWA programs, since the CWA uses but one jurisdiction-defining phrase ("navigable waters") throughout the statute. 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.
THE DOCUMENT INCLUDES FOLLOWING FILES:
|#||FILE NAME||Document Date||Order ID:||Number of Pages||PRICE|
|1||RL33263.pdf||Jan 29, 2013||RL33263||25||$19.95||ADD TO CART|