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Dredge and fill, §404

Textualism's Limits on the Administrative State: Of Isolated Waters, Barking Dogs, and Chevron

In Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, the U.S. Supreme Court recently held that the U.S. Army Corps of Engineers (the Corps) does not have authority under the Clean Water Act (...

The Court, the Clean Water Act, and the Constitution: SWANCC and Beyond

Environmentalists are no strangers to disappointment in the U.S. Supreme Court, but the recent case of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) is particularly disappointing....

Federal Regulation of Isolated Wetlands After SWANCC

This past January, the U.S. Supreme Court held that the Clean Water Act (CWA) did not authorize the federal government to prohibit a landfill operator from filling isolated ponds on its property merely because the ponds were used as...

Navigating Federalism: The Missing Statutory Analysis in Solid Waste Agency

For the last several years, federal circuit courts have debated the exact jurisdictional scope of §404 of the Clean Water Act (CWA), which authorizes the Secretary of the U.S. Army (the Army), acting through the U.S. Army Corps of...

The Water Resources Development Act of 1992: Expanding the "Corps of Environmental Engineers"

Editors' Summary: The Water Resources Development Act of 1992 (WRDA 92 or the Act), enacted on October 31, 1992, is an omnibus water projectauthorization and policy bill of the type traditionally used to authorize the U.S. Army...

Federal Wetlands Law: Part II

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...

Federal Wetlands Law: Part I

Editors' Summary: No single federal law comprehensively addresses wetlands protection. Rather, federal laws and regulations addressing activities and interests in wetlands have evolved with water law in general, and with other laws,...