Federal Wetlands Protection Under the Clean Water Act: Regulatory Ambivalence, Intergovernmental Tension, and a Call for Reform

78 Pages Posted: 23 May 2017 Last revised: 27 May 2017

See all articles by Michael C. Blumm

Michael C. Blumm

Lewis & Clark Law School

D. Bernard Daley Zaleha

University of California, Santa Cruz - Departments of Sociology and Environmental Studies, Students

Date Written: November 22, 1989

Abstract

This article, over a quarter-century old, explains the federal wetlands protection program under the Clean Water Act at the end of the Reagan Administration. The article surveys the 19th century origins of the program, its modern manifestation in the 1972 amendments to the federal clean water law, and important early judicial interpretations of the 1972 law. The article proceeds to.discuss controversies over the program's regulatory jurisdiction, permit criteria, permit vetoes, enforcement, and claims of regulatory takings. Many of these issues remain prominent nearly three decades later. The article concludes with several suggested reforms.

Keywords: wetlands protection, Clean Water, Corps of Engineers, Environmental Protection Agency, intergovernmental relations, takings

JEL Classification: H23, H77, K23, K32, N52, O44, P14, P28, Q15

Suggested Citation

Blumm, Michael C. and Zaleha, D., Federal Wetlands Protection Under the Clean Water Act: Regulatory Ambivalence, Intergovernmental Tension, and a Call for Reform (November 22, 1989). University of Colorado Law Review, Vol. 60, No. 4, 1989. Available at SSRN: https://ssrn.com/abstract=2972405

Michael C. Blumm (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States
503-768-6824 (Phone)
503-768-6701 (Fax)

D. Zaleha

University of California, Santa Cruz - Departments of Sociology and Environmental Studies, Students ( email )

CA
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
13
Abstract Views
220
PlumX Metrics