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Clean Water Act (CWA)

The Float a Boat Test: How to Use It to Advantage in This Post-<i>Rapanos</i> World

Editors' Summary: Since the Supreme Court's decision in Rapanos v. United States, courts, practitioners, and scholars have continued to discuss Justice Anthony M. Kennedy's significant nexus test. Under this test, to protect a wetland...

Remedying Our Fragmented Governmental Structures to Deal With Our Nation-on-Edge Problems

Editors' Summary: The argument against crafting federal regulations for problems stemming from development in disaster-prone areas (nation-on-edge problems) assumes that these types of problems are essentially local problems requiring...

<i>National Association of Home Builders v. Defenders of Wildlife</i> and the Meaning of Agency Indiscretion

Editors' Summary: The Supreme Court's decision in National Ass'n of Home Builders v. Defenders of Wildlife left unresolved the question of the meaning of discretion and agency authority. This decision and ensuing litigation over the...

The Historic Navigability Test: How to Use It to One's Advantage in This Post-<I>Rapanos</I> World

Editors' Summary: Since the Supreme Court's decision in Rapanos v. United States, courts, practitioners, and scholars have continued to discuss the socalled Kennedy test and its significant nexus criterion. In this Article, authors...

The Continued Highway Requirement as a Factor in Clean Water Act Jurisdiction

Editors' Summary: U.S. courts have consistently ruled that navigable, intrastate waters are not traditional navigable waters unless they form part of a continued highway of interstate commerce. However, for purposes of its permitting...

<i>Waterkeeper Alliance, Inc. v. EPA</i>: Why It Is Important

Editors' Summary: On February 28, 2005, the U.S. Court of Appeals for the Second Circuit vacated and remanded portions of EPA's concentrated animal feeding operations (CAFO) rule. The ruling was not a win for either side of the debate,...

A New Clean Water Act

Editors' Summary: The Supreme Court's new federalism has struck its strongest blows so far on the CWA. Last summer, in Rapanos v. United States, a sharply divided Court nearly struck down a large chunk of the Act's protection of...

A Practitioner's Guide to Protecting Wetlands in a Post-<i>Rapanos</i> World

Editors' Summary: The recent U.S. Supreme Court decision in Rapanos v. United States failed to clarify the murky area of federal jurisdiction under the CWA. Justice Scalia's plurality opinion, requiring a restrictive approach, and...

From the Fields of Runnymede to the Waters of the United States: A Historical Review of the Clean Water Act and the Term "Navigable Waters"

Editors' Summary: This spring, the U.S. Supreme Court will be deciding two very important wetlands cases. In both, the Court is asked to decide whether the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency...

A Nexus Runs Through It: Wetlands, Hydrological Connections, and Federal Jurisdiction in the Post-<i>SWANCC</i> World

Editor's Summary: The U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) has certainly caused much confusion about the exact contours of wetlands jurisdiction. In this...