[Volokh] Jonathan Adler: Debating Wetland Protection after *Rapanos*:

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Posted by Jonathan Adler:
Debating Wetland Protection after *Rapanos*:
http://volokh.com/archives/archive_2008_03_30-2008_04_05.shtml#1207229494


   The Supreme Court's decision in [1]Rapanos v. United States
   reaffirming the existence of limits of federal regulatory jurisdiction
   over wetlands and other non-navigable waters generated significant
   uncertainty about the scope of federal authority -- uncertainty the
   Bush Administration's post-Rapanos regulatory [2]guidance did little
   to resolve.

   This morning I am debating [3]Jim Tripp, general counsel of the
   Environmental Defense Fund, on what the federal government should do
   next at a wetlands regulatory [4]workshop sponsored by the American
   Society of Civil Engineers' Coasts, Oceans, Ports, and Rivers
   Institute. In two weeks, I'll revisit this issue again when I testify
   before the House Transportation Committee on proposed revisions to the
   Clean Water Act that would expand federal jurisdiction.

   I'll post more on these events, and recent court decisions in this
   area, in the days ahead. In the meantime, I my two articles on the
   Rapanos decision can be found [5]here and [6]here.

References

   1. http://www.law.cornell.edu/supct/html/04-1034.ZS.html
   2. http://www.epa.gov/owow/wetlands/guidance/CWAwaters.html
   3. http://www.edf.org/page.cfm?tagID=877
   4. http://content.coprinstitute.org/WetlandsRegulatoryWorkshop.html
   5. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=938161
   6. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=967356