Recent Developments in Federal Wetlands Law: Part I
Editors' Summary: This Article is the first in a series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. The Article, which refers to the primer but stands on its own, focuses primarily on where wetlands law has changed since publication of the primer. The Article first provides an update of legislative and executive branch developments in wetlands law and policy. Next, it discusses the jurisdiction of Clean Water Act §404, including wetlands-delineation issues and the controversy over isolated wetlands and groundwater. Finally, the Article covers regulated and exempted activities under §404, including agricultural activities. Relevant judicial developments are discussed throughout.