Any Hope for Happily Ever After? Reflections on Rapanos and the Future of the Clean Water Act Section 404 Program
23 Pages Posted: 28 Oct 2009
Date Written: 2007
Abstract
This essay takes an initial fanciful look at the history of Clean Water Act Section 404 jurisdiction, then following a brief overview of the 2006 Rapanos v. United States decision and events leading up to it, provides an overview of the United States Army Corps of Engineers permitting process. The concluding section attempts to address the outstanding question presented by this essay: can there ever be a “happily ever after" when it comes to protections for wetlands and other waters following recent developments in the 404 program.
Suggested Citation: Suggested Citation
Connolly, Kim Diana, Any Hope for Happily Ever After? Reflections on Rapanos and the Future of the Clean Water Act Section 404 Program (2007). Available at SSRN: https://ssrn.com/abstract=1495166 or http://dx.doi.org/10.2139/ssrn.1495166
Do you have negative results from your research you’d like to share?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.