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The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire
The Water Cycle Boogie: Clean Water Act Jurisdiction, Home Rule, And Water Law, Colin W. Maguire
Et Cetera
The EPA and US Army Corps of Engineers’ agency rule regarding the definition of “Waters of the United States” under the Clean Water Act increased jurisdictional assertions by as much as 5%. What’s the big deal? This violates the Home Rule of state and local governments. This violation also creates concerns where many property owners are not sure if they need federal permits to develop land under the Clean Water Act. With issues like this new Clean Water Act rule, the drought conditions in the Western U.S., and international concerns regarding fresh water, water law is a critical area which …
Alito's Voice: Koontz And The End Of Justice Steven's Private Private Property Regulation Policy, Colin W. Maguire
Alito's Voice: Koontz And The End Of Justice Steven's Private Private Property Regulation Policy, Colin W. Maguire
Cleveland State Law Review
This article talks about the substantial distinction between a physical government invasion and a coercive request for funds, if the government action fails under Nollan and Dolan. Clearly, there is a newly recognized risk to water resource regulators who try to stop development in areas which are considered wetlands.