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
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.
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