'No Comment' on Deep Ripping: Wetlands and the Clean Water Act after Borden Ranch
Robin Kundis Craig
University of Utah S.J. Quinney College of Law
Environmental Law Reporter, Vol. 34, p. 10028, January 2004
In December 2002, the U.S. Supreme Court affirmed, per curiam, the Ninth Circuit's decision that "deep ripping" of wetlands requires a permit from the Army Corps of Engineers. However, because the Court was equally divided and issued no analysis, the reasons why "deep ripping" might be subject to Clean Water Act regulation remain obscure. This paper argues that the facts found by the district court support Clean Water Act jurisdiction despite the rather unusual analysis in the Ninth Circuit.
Number of Pages in PDF File: 12
Keywords: Clean Water Act, wetlands, Borden Ranch, dredging, filling, deep ripping
JEL Classification: K32
Date posted: January 25, 2006
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