Prepared by Pat Parenteau – Professor of Law – Vermont Law School.

The SWANCC decision in January of 2001 sent the Section 404 Regulatory Program into turmoil. ASWM and ASFM bore witness to increasingly varying interpretations of the program's jurisdictional scope in the wake of the Court's invalidation of the "Migratory Bird Rule" as the sole basis for federal regulation of non-navigable, isolated, and intrastate wetlands.  This document attempts to address this untenable situation of ad-hoc policy.

The full document is only available in PDF and may be viewed and/or downloaded by clicking HERE.