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Federal Wetlands Law: Part II

May 1993

Citation: 23 ELR 10284

Issue: 5

Author: Margaret N. Strand

Editors' Summary: In this second of a three-part series on federal wetlands law, the author continues her comprehensive review of the current state of federal wetlands laws and regulations. The author first analyzes individual permits under the Clean Water Act § 404 program, including the application process, interagency consultations, the substantive standards for § 404 permits, and EPA's § 404(c) veto authority. She next covers enforcement mechanisms in the § 404 program, including administrative enforcement options and civil and criminal judicial enforcement. She then analyzes judicial review of § 404 wetlands actions, including review of permits, regulatory decisions, and citizen suits. The author next analyzes the controversial takings issues associated with regulating wetlands. She includes coverage of recent takings cases involving wetlands and assesses the potential impacts to wetlands issues from the U.S. Supreme Court's 1992 decision in Lucas v. South Carolina Coastal Council, 22 ELR 21104. Finally, the author explores state program authority under § 404, including the process for state authorization and the preservation of other state powers.

Margaret N. Strand is a Partner in the Washington, D.C. office of Eckert Seamans Cherin & Mellott. She was formerly Chief, Environmental Defense Section, U.S. Department of Justice, where she supervised federal litigation concerning wetlands.

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