Survey Says: Army Corps No Scalian Despot

May 2012
Citation:
37
ELR 10317
Issue
5
Author
Kim Diana Connolly

Editors' Summary: Justice Antonin Scalia and others have described the U.S. Army Corps of Engineers'(the Corps') administration of the CWA §404 permitting process as burdensome and inefficient. Empirical data gathered from the Corps, however, do not bear out this assessment. In this Article, Kim Diana Connolly evaluates data collected from Corps Customer Service Surveys as well as the apparent disconnect between applicant experiences and the public's negative perception of the permitting process. She begins the Article with an overview of the Corps' regulatory permitting process, then lays out the history of and context for the Corps' Customer Service Surveys. Next, she summarizes available responses from various districts and sets forth some concluding remarks and recommendations.

Kim Diana Connolly is an associate professor at the University of South Carolina School of Law, and associate faculty at the University of South Carolina School of the Environment. She can be reached at connolly@law.sc.edu. Thanks are extended to law students Yusun Woo, Valerie Cochran, and Leah Davis for compilation and research assistance, and Associate Director for Library Operations Rebekah Maxwell for expert research advice. Thanks are also extended to F.J. Cumberland Jr., Josh Eagle, Royal C. Gardner, Danielle Holley-Walker, Stephen Johnson, Russell L. Kaiser, Sam Kalen, James Murphy, David Olson, Burnele Venable Powell, J.B. Ruhl, Richard Seamon, Max Wilson, and Lance D. Wood for comments on earlier drafts. Any errors are the author's own.
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Survey Says: Army Corps No Scalian Despot

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