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From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace
From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace
University of Michigan Journal of Law Reform
Wetlands regulation in the United States has a tumultuous history. The early European settlers viewed wetlands as obstacles to development, and they drained and filled wetlands and swamps at an astounding rate, often with government support, straight through the middle of the twentieth century. As evidence of the ecological significance of wetlands emerged over the last several decades, programs to protect and restore wetlands became prominent. Most notable among these is the permitting program under section 404 of the Clean Water Act. That provision prohibits dredging or filling of "navigable waters, " defined by law to mean "waters of the …
The New Gold Rush: Mine Tailings In Southeast Alaska And Perversion Of The Clean Water Act, Beth Leibowitz
The New Gold Rush: Mine Tailings In Southeast Alaska And Perversion Of The Clean Water Act, Beth Leibowitz
University of Michigan Journal of Law Reform
Part I of this Note provides a basic explanation of the mine tailings problem. Part II of this Note discusses the evolution of the agencies' tailings decision and the statutory and regulatory context in which it occurred. Part III outlines briefly the actual decision, which involved the theory that neither the EPA nor the Corps should apply the usual CWA permit requirements to the initial discharge of mine waste. Part IV evaluates the legal basis for that decision and concludes, based on the language of the CWA, the EPA's own prior policy, and judicial precedent, that the decision was without …