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  

Kim Diana Connolly

SUNY Buffalo Law School

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

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

Kim Diana Connolly (Contact Author)

SUNY Buffalo Law School ( email )

528 O'Brian Hall
Buffalo, NY 14260-1100
United States

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