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The Minimal Effects Exemption and the Regulation of Headwater Wetlands Under Swampbuster, With a Coda on the Theme of SWANCC

Under the Wetland Conservation subtitle of the Food Security Act of 1985, as amended, commonly known as "Swampbuster," wetlands may be used to grow crops provided they are not degraded by this practice. In the legislation, Congress has made an effort, by use of the "minimal effects" concept, to make precise just what farming practices are acceptable. If a farming practice has only a minimal effect on the wetland's function, then the farmer is not ineligible for participation in federal loan, commodity price and income support, and conservation programs.

SWANCC: Constitutional Swan Song for Environmental Laws or No More Than a Swipe at Their Sweep?

The U.S. Supreme Court decision last term in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), striking down the migratory bird rule for wetlands regulation, warrants some reading of the Court's environmental tea leaves. Some fine commentary in these pages still leaves murky whether the opinion seriously imperils other environmental laws and regulations. Chief Justice William H. Rehnquist's SWANCC opinion for a five-Justice majority had worrisome implications that the new restrictive view of the U.S.

Environmental Defense Fund v. Alexander

The court refuses to enjoin continued construction of the Tennessee-Tombigbee Waterway and rules that plaintiffs are barred by res judicata and collateral estoppel from challenging defendants for alleged violations of the National Environmental Policy Act (NEPA), the Fish and Wildlife Coordination A...

Foundation on Economic Trends v. Watkins

The court holds that two nonprofit organizations and an individual author lack standing to challenge the alleged failure of the Secretaries of Energy, Agriculture, and the Interior to comply with the National Environmental Policy Act (NEPA) in authorizing, implementing, funding, or participating in ...

Fund for Animals v. Espy

The court holds that a nonprofit organization has standing to seek a preliminary injunction to prevent the implementation of a research study by the Department of Agriculture (DOA) on the transmission of brucellosis from wild bison in Yellowstone National Park to cattle outside the park without DOA ...

Earth Island Inst. v. Christopher

The court holds unconstitutional the requirement in §609(a) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Appropriations Act of 1990 that the executive branch initiate discussions with foreign nations to develop treaties to protect sea turtles, and holds that the Co...

Chaveriat v. Williams Pipe Line Co.

The Seventh Circuit upholds a district court's grant of summary judgment to the defendant prior owner of a petroleum carrying pipeline on plaintiffs landowners' claim for nuisance damages from a 1944 leak of unleaded gasoline. In 1986, while trying to sell the land, the landowners discovered petrole...

Pye v. United States

The court holds that owners of land in South Carolina adjacent to both land containing a historic plantation and an African American cemetery and land on which a road crossing is constructed have standing to bring a National Historic Preservation Act (NHPA) challenge to the U.S. Army Corps of Engine...

Kentuckians for the Commonwealth, Inc. v. Rivenburgh

The court denies a U.S. Army Corps of Engineers' motion to change venue in an environmental group's suit against it for violating the Clean Water Act (CWA) §404 by authorizing a surface mining company to fill streams with waste rock under a nationwide permit and without an environmental impact stat...

Riverkeeper, Inc. v. Whitman

The court denies an electric utility and trade association coalition's motion to intervene in mediation leading to and subsequent enforcement of an amended consent decree between the U.S. Environmental Protection Agency (EPA) and an environmental group under which EPA agreed to promulgate Clean Wate...