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Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire
Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to describe aspects of the Rapanos decision, focusing on the Kennedy concurrence, and then suggesting its connection to the ongoing policy debate regarding coastal resource management, and how it may offer a sign of the judicial will to accept an expanding federal role over centralized water management, regardless of spatial location.
Judicial Approaches To Dealing With Constitutional Limitations Surrounding Ecosystem-Based Management: Can Rapanos Offer Guidance By, Chad J. Mcguire
Judicial Approaches To Dealing With Constitutional Limitations Surrounding Ecosystem-Based Management: Can Rapanos Offer Guidance By, Chad J. Mcguire
Chad J McGuire
Ecosystem-based management is becoming a more prevalent in federal legislative and executive mandates. Still, there are constitutional limitations to applying such measures, especially regarding federal control of certain intrastate water resources. Recent U.S. Supreme Court precedent may suggest a willingness to allow ecosystem-based principles as a foundation to support greater federal control. This paper looks at one recent U.S. Supreme Court decision to determine how far ecosystem-based principles might apply to federal control over intrastate bodies of water.