ARTICLES

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Federal Wetland Grants Program Reaches a Milestone PDF

by Donna An

Many state, tribal, and local wetland programs have relied on federal Wetland Program Development Grant monies to build capacity, access the most current information technology, support monitoring and enforcement, and perform other critical functions. Here, a manager for the program discusses its history, accomplishments, and coming challenges.

Donna An is an environmental protection specialist with the U.S. Environmental Protection Agency’s Wetlands Division. She manages the Wetland Program Development Grants program and is coordinating the implementation of the Wetland Demonstration Pilot.

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Ditching It Out . . . But Can the Corps Take It? PDF

by Duane Desiderio

The SWANCC decision led to significant regulatory uncertainty—but there are some related issues, the author argues, for which the prevailing confusion is entirely unwarranted. The ongoing debate in the wetland community over the definition of a “ditch” is a classic example.

Duane J. Desiderio is staff vice-president for legal affairs with the National Association of Home Builders. He manages the association’s litigation program and counsels on regulatory and legislative reform initiatives under a variety of environmental laws, including section 404 of the Clean Water Act. He has an LL.M. from George Washington University (1994), a JD from Hofstra University (1989), and a BA from Syracuse University (1986).

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An Inch Becomes a Mile PDF

by Jeffrey M. Eustis

A little more than two years ago, the U.S. Army Corps of Engineers and the Environmental Protection Agency handed their field offices a controversial regulatory guidance that broadly interpreted the SWANCC decision. Today, says the author, that flawed guidance is wreaking havoc on valuable U.S. wetlands.

Jeffrey Eustis is a Seattle-based attorney who concentrates in land-use and environmental law. He graduated from Harvard College in 1970 and obtained his JD degree in 1979 from Seattle University. He also teaches environmental law at Seattle University.

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Preemptive Surrender PDF

by Patrick Parenteau

One problem with the post-SWANCC regulatory guidance is that it allows “renegade” Corps districts to make jurisdictional calls that do not square with the majority of the caselaw or the Clean Water Act. The author argues that the time has come for a new guidance—one that acknowledges the prevailing narrow interpretations of the SWANCC decision.

Patrick Parenteau is a professor of law and director of the Environmental and Natural Resources Law Clinic at Vermont Law School, where he has been for the past 12 years. Previous positions include regional counsel for EPA Region One, commissioner of the Vermont Department of Environmental Conservation, and vice-president for conservation with the National Wildlife Federation.

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2005 National Wetlands Awards PDF

The 2005 National Wetlands Awards Program is co-sponsored by the Environmental Law Institute, U.S. Environmental Protection Agency, Federal Highway Administration, U.S. Fish and Wildlife Service, USDA Forest Service, Natural Resources Conservation Service, and NOAA National Marine Fisheries Service. The awards program recognizes individuals who have demonstrated extraordinary effort, innovation, and excellence in wetland conservation, research, and education.

This year’s awards are presented to seven individuals from across the country who share a dedication to protecting the nation’s remaining wetlands; educating citizens, students, and agencies about the values of wetlands; and working with a diverse array of organizations and interests to achieve their goals. They have demonstrated that Americans take pride in their wetland heritage. We hope these awards will inspire others to follow their lead.

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Looking to Local Law: Can Local Ordinances Help Protect Isolated Wetlands? PDF

by Kim Diana Connolly

If federal regulatory agencies say that Clean Water Act protection no longer extends to certain isolated wetlands, and state legislatures delay in passing laws to “fill the gap,” perhaps environmental advocates need to fight for wetland protections on new fronts, such as city halls, county municipal buildings, and township offices.

Kim Diana Connolly is an associate professor at the University of South Carolina School of Law. She has written and previously practiced in the area of wetland law and teaches wetland law and policy in the Vermont Law School Summer Session. She can be reached at connolly@law.sc.edu.

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Isolated Wetland Legislation: Running the Rapids at the State Capitol PDF

by Jan Goldman-Carter

Relatively few states have responded to the SWANCC decision by passing laws to protect wetlands left without Clean Water Act protection. Here, the author examines why and how some state legislatures successfully enacted isolated wetland protections, and analyzes the failures of other state legislatures to pass similar measures.

Jan Goldman-Carter is an environmental lawyer currently based in Minneapolis, Minnesota, who specializes in wetland law and policy. She advises nonprofit environmental groups that include the National Wildlife Federation and the Minnesota Center for Environmental Advocacy.

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