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Wetlands

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

Introduction

Under the Wetland Conservation subtitle of the Food Security Act of 1985, as amended, commonly known as "Swampbuster,"1 wetlands may be used to grow crops provided they are not...

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

I. Introduction

The U.S. Supreme Court decision last term in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers1 (SWANCC), striking down the migratory bird...

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...

Recent Developments in Federal Wetlands Law: Part III

Editors' Summary: This Article is the last in a three-part series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. The Article,...

Recent Developments in Federal Wetlands Law: Part I

Editors' Summary: This Article is the first in a series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. The Article, which refers to the primer...

Federal Wetlands Law: Part III

Editors' Summary: This Article is the third in a three-part series on federal wetlands law. In it, the author concludes her comprehensive review of the current state of laws and regulations that address wetlands. In the first two...

The Value of Wetlands as Wetlands: The Case for Mitigation Banking

Wetlands mitigation banking, a concept endorsed by former President Bush as a means to achieve the goal of no net loss of wetlands, is a valuable resource management tool that deserves the support of the Clinton Administration. Wetlands...

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,...