Abstract

http://ssrn.com/abstract=1829384
 


 



Introduction – Lawyers, Swamps, and Money: U.S. Wetland Law, Policy and Politics


Royal C. Gardner


Stetson University College of Law


Royal C. Gardner, LAWYERS, SWAMPS, AND MONEY: U.S. WETLAND, POLICY AND POLITICS, Island Press, 2011
Stetson University College of Law Research Paper No. 2011-08

Abstract:     
This paper is the table of contents and introduction to Royal C. Gardner, Lawyers, Swamps, and Money: U.S. Wetland Law, Policy, and Politics (Island Press 2011). The book is an accessible guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them.

Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of:

the geographic scope and activities covered by the Clean Water Act; the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency; the goal of no net loss of wetlands; the role of entrepreneurial wetland mitigation banking; the tension between wetland mitigation bankers and in-lieu fee mitigation programs; enforcement issues; and wetland regulation and private property rights.

The book concludes with policy recommendations to make wetlands law more effective.

Number of Pages in PDF File: 11

Keywords: Administrative Law, Clean Water Act, Wetland Migration Banking, In-Lieu Fee Mitigation, Dredge and Fill, Regulatory Takings, Army Corps of Engineers, Rapanos v. United States, No Net Loss, Watershed

JEL Classification: K10, K19, K23, K32

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Date posted: May 4, 2011 ; Last revised: September 22, 2011

Suggested Citation

Gardner, Royal C., Introduction – Lawyers, Swamps, and Money: U.S. Wetland Law, Policy and Politics. Royal C. Gardner, LAWYERS, SWAMPS, AND MONEY: U.S. WETLAND, POLICY AND POLITICS, Island Press, 2011 ; Stetson University College of Law Research Paper No. 2011-08. Available at SSRN: http://ssrn.com/abstract=1829384

Contact Information

Royal C. Gardner (Contact Author)
Stetson University College of Law ( email )
1401 61st Street South
Gulfport, FL 33707
United States

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