Recent Developments in Federal Wetlands Law: Part II
Editors' Summary: This Article is the second 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 the primer's publication. The Article first discusses nationwide and general permits under Clean Water Act §404, including a new nationwide permit that applies to single-family homesites. Next, the Article discusses individual permits under §404, focusing primarily on the permit process, mitigation issues, NEPA issues, and after-the-fact permits. It also covers EPA's authority under §404(c) to veto U.S. Army Corps of Engineers-issued permits. Finally, the Article addresses enforcement issues, including statute of limitations, penalties, injunctive relief, and citizen suits. In discussing criminal enforcement, the Article emphasizes that §404 violators face significant consequences for their illegal acts.