Wetlands Law and Policy : Understanding Section 404, Second Edition.

Format:

Book

Author/Creator:

Stephens, Susan Lynne.

Contributor:

Connolly, Kim Diana.

Jarboe, Sarah P.

Language:

English

Subjects (All):

Wetlands--Law and legislation.

Wetlands.

Environmental law--United States.

Environmental law.

Physical Description:

1 online resource (319 pages)

Edition:

1st ed.

Place of Publication:

La Vergne : American Bar Association, 2025.

Summary:

This book provides a comprehensive analysis of wetlands regulation in the United States, focusing on the legal, historical, and procedural framework of the federal Wetlands Regulatory Program. It examines the jurisdictional scope of the federal government, the permitting process under Section 404 of the Clean Water Act, and mitigation requirements for activities impacting wetlands. The book also discusses the roles of the Environmental Protection Agency, state-level regulations, and international obligations in wetlands management. It is designed for legal professionals, policymakers, and environmental stakeholders to navigate the complexities of wetlands law and regulation effectively. Generated by AI.

Contents:

Cover

Title Page

Copyright Page

Contents

About the Authors

Preface and Acknowledgments

Executive Summary

Chapter 1 Regulating Wetlands: A Historical Introduction and Overview of the Process

I. Introduction

II. A Brief History of Federal Regulation of Wetlands

III. The Section 404 Program Overview and Checklist

A. Does the Federal Government Have Geographic Jurisdiction?

B. Does the Federal Government Have Jurisdiction to Regulate the Activity You Are Proposing to Undertake?

C. If the Government Has Jurisdiction and Regulates the Activity You Are Undertaking, Do You Qualify for Expedited Review?

D. If You Are Required to Obtain an Individual Permit, Have You Met Certain Required Conditions?

E. If the Corps District Proposes to Issue a Permit, Do EPA and Other Agencies Concur with Its Analysis?

F. If You Proceed through the Permitting Process but Disagree with the District Office, Will You Challenge the Decision?

G. Have You Undertaken Something that Should Require a Permit, or Violated a Permit, Triggering an Enforcement Action?

H. What Other Activities in Wetlands Might Be Regulated or Subject to Other Federal Programs?

IV. Conclusion

Chapter 2 When Is a (Wet) Land a Water of the United States?

II. Wetlands Definitions and Functions

III. Wetlands Values and Public Perception

IV. Which Wetlands Are Waters of the United States

A. Sackett v. Environmental Protection Agency

B. EPA and Corps’ 2023 Revised Definition of WOTUS

V. Wetlands Delineation and Classification

A. Wetlands Delineation

B. Wetlands Classification Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

1-63905-474-X

OCLC:

1467877464