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Potential impacts of proposed changes to the Clean Water Act jurisdictional rule : hearing before the Subcommittee on Water Resources and Environment of the Committee on Transportation and Infrastructure, House of Representatives, One Hundred Thirteenth Congress, second session, June 11, 2014.
Since its initial passage in 1972, the Clean Water Act has attempted to restore and protect our Nation's waters. The definition of `our Nation's waters' has undergone periodic debate and scrutiny as the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and the Supreme Court have defined and redefined the standards for determining CWA jurisdiction. The Supreme Court's most recent set of standards, including the "significant nexus" test, appear to both increase the uncertainty in what is regulated and increase the burden of proof for determining CWA jurisdiction. The Arid West was singled out in the most recent EPA and Corps joint jurisdictional guidance as a problematic area. Focusing on the Arid West, my dissertation evaluates the CWA jurisdiction process from three perspectives: law, policy, and science, and explores an understanding of the past, present, and potential future path of CWA jurisdiction. I analyzed Corps jurisdictional determinations from their national database. The data showed that the Corps has reversed their trend of issuing the complex and often time intensive Approved Determination to the expeditious Preliminary Determination that affords the same protection to an aquatic resource with reduced effort, and showed that the number of determinations disclaiming jurisdiction have returned historical levels. Also, the data showed that some local Corps offices do not mirror the national trends. In exploring the current state of stream research, the data showed a parallel in the timing of the Supreme Court Cases and subsequent guidance to increases in the number of articles published. In addition, the data showed that research on Arid West streams have focused on a smaller set of functions and services as compared to all potential stream functions. Using readily available tools and peer reviewed methods, I have proposed a delineation process that would bring transparency and consistency to the Approved JD process. Data showed that these tools and methods produce meaningful results in an Arid West watershed. The current CWA jurisdictional guidance can still meet the primary objective of the Act within the current policy framework and through the incorporation of existing tools into the determination process.
Recognizing the importance of wetland protection, the Bush administration in 1988 endorsed the goal of "no net loss" of wetlands. Specifically, it directed that filling of wetlands should be avoided, and minimized when it cannot be avoided. When filling is permitted, compensatory mitigation must be undertaken; that is, wetlands must be restored, created, enhanced, and, in exceptional cases, preserved, to replace the permitted loss of wetland area and function, such as water quality improvement within the watershed. After more than a dozen years, the national commitment to "no net loss" of wetlands has been evaluated. This new book explores the adequacy of science and technology for replacing wetland function and the effectiveness of the federal program of compensatory mitigation in accomplishing the nation's goal of clean water. It examines the regulatory framework for permitting wetland filling and requiring mitigation, compares the mitigation institutions that are in use, and addresses the problems that agencies face in ensuring sustainability of mitigated wetlands over the long term. Gleaning lessons from the mixed results of mitigation efforts to date, the book offers 10 practical guidelines for establishing and monitoring mitigated wetlands. It also recommends that federal, state, and local agencies undertake specific institutional reforms. This book will be important to anyone seeking a comprehensive understanding of the "no net loss" issue: policy makers, regulators, environmental scientists, educators, and wetland advocates.
In June 2006 the Supreme Court, in a decision that split 4-1-4, produced a result in Rapanos v. United States that makes federal Clean Water Act jurisdiction over the wetlands, streams, and other waters of the United States confusing and uncertain for citizens, landowners, and regulators alike. Members of Congress have introduced new legislation to restore jurisdiction over many of the waters cast into doubt by the decision; and the Environmental Protection Agency and Army Corps of Engineers (the federal regulatory agencies) issued a joint guidance document in June 2007 attempting to guide their respective staffs. Numerous federal courts have attempted to apply the uncertain teachings of Rapanos as well. With the support of the Turner Foundation, and the assistance of numerous experts in wetlands science and law, the Environmental Law Institute has prepared a handbook that analyzes the case law, compiles the relevant scientific studies, and provides a set of jurisdictional checklists. The Handbook will assist anyone faced with a jurisdictional question involving a wetland or stream to understand what factors will allow them to find Clean Water Act jurisdiction.
Intermittent Rivers and Ephemeral Streams: Ecology and Management takes an internationally broad approach, seeking to compare and contrast findings across multiple continents, climates, flow regimes, and land uses to provide a complete and integrated perspective on the ecology of these ecosystems. Coupled with this, users will find a discussion of management approaches applicable in different regions that are illustrated with relevant case studies. In a readable and technically accurate style, the book utilizes logically framed chapters authored by experts in the field, allowing managers and policymakers to readily grasp ecological concepts and their application to specific situations. Provides up-to-date reviews of research findings and management strategies using international examples Explores themes and parallels across diverse sub-disciplines in ecology and water resource management utilizing a multidisciplinary and integrative approach Reveals the relevance of this scientific understanding to managers and policymakers
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.