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Intrastate, isolated wetlands

United States v. Lipar

A district court dismissed EPA's enforcement action against a developer for filling wetlands in violation of the CWA and ordered the Agency to pay attorney fees the developer incurred defending the suit. Relying on the U.S. Supreme...

Georgetown County League of Women Voters v. Smith Land Co.

The South Carolina Supreme Court reversed a lower court decision dismissing a group's declaratory judgment action against a developer for filling isolated wetlands on its property without a permit. The lower court, relying on the U.S...

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...

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...

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...