TITLE

Four Years after SWANCC; Regaining Ground in Federal Wetlands Protection

AUTHOR(S)
Wolking, Tova
PUB. DATE
August 2006
SOURCE
Ecology Law Quarterly;2006, Vol. 33 Issue 3, p933
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article discusses a legal case which reestablishes the authority of the United States Army Corps of Engineers over wetlands and adjacent areas. In Baccarat Fremont Developers v. United States Army Corps of Engineers, the Ninth Circuit affirmed the district court's grant of summary judgment in favor of the Army Corps of Engineers (Corps). This holding confirmed the federal government's regulatory authority over wetlands that are adjacent to waters of the United States, as defined by the Clean Water Act, even without a showing of a significant hydrological connection. According to the author, the decision in Baccarat, to uphold federal authority over "adjacent wetlands" based on adjacency alone, represents a positive step in the direction of wetland protection.
ACCESSION #
23498068

 

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