ARTICLES

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The Tulloch II Aftermath: Dredged Material Redeposits Still Require a §404 PermitPDF

by Jan Goldman-Carter

The D.C. District Court invalidated the 2001 Tulloch II rule earlier this year, reopening the debate over when redeposits of dredged material constitute “additions” of pollutants under CWA §404. This author argues that §404 applies to such discharges as required by the rule that was in effect prior to 2001.

Jan Goldman-Carter is Wetlands and Water Resources Counsel for the National Wildlife Federation. She has been involved in Tulloch-related “discharge of dredged material” litigation since 1990.

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The Corps’ Nationwide Permits: Did Anyone Bother to Read the Law?PDF

by Jon Devine

Under the Clean Water Act, the U.S. Army Corps of Engineers has issued nationwide permits that expedite the authorization process for those seeking to discharge materials into the nation’s waters. While intended to advance the Act’s goals, these permits have routinely been misused to authorize activities that threaten the environment. Below, the author discusses the Corps’ faulty reasoning in approving such activities and how its approach to the permits is undermining the effectiveness of the CWA.

Jon Devine is an attorney with the Natural Resources Defense Council’s Clean Water Project.

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The Role of Regulatory Change on Wetlands MitigationPDF

by Todd BenDor and Nicholas Brozovic

The debate over wetlands mitigation banking has typically been centered over the ecological value of the banks themselves. These authors argue that the bigger picture, however, has become obscured; neither side has analyzed mitigation banking in the context of its regulatory framework, a framework that has evolved significantly since the practice first emerged.

Todd BenDor is an Assistant Professor of City and Regional Planning at the University of North Carolina at Chapel Hill. This work was completed when he was a research associate and doctoral student in the Regional Economics and Policy Group at the University of Illinois at Urbana-Champaign. His research analyzes environmental policy using system dynamics modeling and spatial analysis. Nicholas Brozović is an Assistant Professor of Agricultural and Consumer Economics at the University of Illinois at Urbana-Champaign. His research analyzes the economics of water resource, watershed, and ecosystem management.

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Happy Anniversary, Rapanos . . . Now What? PDF

by Bruce Myers and Roxanne Thomas

The U.S. Supreme Court has issued two complex rulings in recent years that bear on the extent of federal jurisdiction over wetlands and streams. This article surveys the many legal tests used in determining such jurisdiction, particularly Justice Kennedy’s “significant nexus” test, and maintains that the confusion surrounding the proper scope of jurisdiction can only be dispelled by Congress.

Bruce Myers is a Senior Attorney and Roxanne Thomas is a Science & Policy Analyst with the Environmental Law Institute in Washington, D.C. This article is adapted from the Clean Water Act Jurisdictional Handbook (ELI 2007), available for download at http://www.eli.org.

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Wetlands and Livelihoods: Both Sides of the Coin PDF

by Helen van de Bund and Trevor Wickham

Nature conservation and poverty reduction are not incompatible but complementary goals. Wetlands International, a global nongovernmental organization, argues below that this is particularly true in the case of wetlands, where the economic livelihood of communities largely depends on how their surroundings are managed. Successful interventions rely equally on environmental and developmental factors.

Helen van de Bund is a Communications Officer and Trevor Wickham manages the Wetlands and Poverty Reduction Project for Wetlands International in the Netherlands.

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