Four Years after SWANCC; Regaining Ground in Federal Wetlands Protection

Wolking, Tova
August 2006
Ecology Law Quarterly;2006, Vol. 33 Issue 3, p933
Academic Journal
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.


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