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Drowning In Wetlands Jurisdictional Determination Process: Implementation Of Rapanos V. United States, Kenneth S. Gould
Drowning In Wetlands Jurisdictional Determination Process: Implementation Of Rapanos V. United States, Kenneth S. Gould
University of Arkansas at Little Rock Law Review
Today, through court interpretation and administrative agency adoption of related regulations, § 404 of the Clean Water Act of 1972 (the "Act") has become the major tool for protection of wetlands. Section 404(a) requires a permit from the United States Army Corps of Engineers for "the discharge of dredged or fill material into the navigable waters at specified disposal sites." If the Corps concludes that development activity might harm wetlands subject to Corps jurisdictional protection, it can decline to issue a permit to allow development or issue a permit under conditions designed to protect the wetlands from harm.
In the …