Wetlands Protection -- A Goal Without a Statute
7 S.C. Envtl. L.J. 179 (1998)
30 Pages Posted: 10 Jul 2012
Date Written: January 1, 1998
Abstract
The difficulties encountered in applying the Clean Water Act over the past twenty-five years provide valuable insight into the regulatory mismatch problem. The idea that a Congressional determination that wetlands must be preserved, not only for scientific, but also for aesthetic and ethical reasons, would provide a constitutional basis for wetlands legislation, is examined in this paper. The difficulties encountered when basing law on an ambiguous scientific basis are also examined and certain solutions are considered. The concept of returning to the original intent of Congress through examination of the Clean Water Act's legislative history regarding the delegation of authority to the states is also considered. Finally, the movement of federal permit programs to state implementation (similar to the NPDES permitting program), as originally intended by the legislators, is examined.
Keywords: Clean Water Act, wetlands, preservation, Clean Water Act legislative history, National Pollutant Discharge Elimination System, NPDES
JEL Classification: K00, K29, K32, Q25
Suggested Citation: Suggested Citation