'No Comment' on Deep Ripping: Wetlands and the Clean Water Act after Borden Ranch

12 Pages Posted: 25 Jan 2006

Abstract

In December 2002, the U.S. Supreme Court affirmed, per curiam, the Ninth Circuit's decision that "deep ripping" of wetlands requires a permit from the Army Corps of Engineers. However, because the Court was equally divided and issued no analysis, the reasons why "deep ripping" might be subject to Clean Water Act regulation remain obscure. This paper argues that the facts found by the district court support Clean Water Act jurisdiction despite the rather unusual analysis in the Ninth Circuit.

Keywords: Clean Water Act, wetlands, Borden Ranch, dredging, filling, deep ripping

JEL Classification: K32

Suggested Citation

Craig, Robin Kundis, 'No Comment' on Deep Ripping: Wetlands and the Clean Water Act after Borden Ranch. Environmental Law Reporter, Vol. 34, p. 10028, January 2004, Available at SSRN: https://ssrn.com/abstract=877301

Robin Kundis Craig (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

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