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The Murky Future Of The Clean Water Act After Swancc: Using A Hydrological Connection Approach To Saving The Clean Water Act, Bradford Mank

Faculty Articles and Other Publications

In 2001, the Supreme Court decided Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (SWANCC). In this five-to-four decision, the Court held that the U.S. Army Corps of Engineers (Corps) lacked the authority under the Federal Water Pollution Control Act (FWPCA) to regulate isolated intrastate wetlands and waters that serve as habitat for migratory birds. The Court found the FWPCA's jurisdiction is limited to navigable waters and non-navigable waters that have a significant nexus to navigable waters, such as wetlands adjacent to navigable waters. However, the Court did not clearly define which adjacent wetlands …