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
Date Written: November 22, 1989
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: Suggested Citation