This document, laid down in 2001 and updated in 2004, discusses the SWANCC decision and the gap it created in the regulation of wetlands.  It examines administrative actions to interpret SWANCC by the Corps of Engineers as well as the EPA.  This is followed by a description of federal district and appellate court decisions concerning the scope of Section 404 waters since SWANCC.  It considers existing state regulations and regulations adopted by the states to fill the gap created by SWANCC.  It concludes with a discussion of options for filling that same gap.

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