Association of State Wetland Managers - Protecting the Nation's Wetlands.

Category Archives: federal jurisdiction

by Professor Kim Diana Connolly SUNY Buffalo Law School Every captivating story needs a plot twist. And while the story of what gets to be (has to be?) considered a jurisdictional water of the United States has not always been … Continue reading

Posted in Clean Water Act, Clean Water Act Jurisdiction, Clean Water Rule, Connectivity to Navigable Waters, environmental law, federal jurisdiction, rulemaking, wetland regulation | Leave a comment

By Peg Bostwick, ASWM Most state wetland programs managers are familiar with the provision of Clean Water Act §404 which allows a state that has its own dredge and fill permit program to assume responsibility for permitting under §404 as … Continue reading

Posted in Clean Water Act, Clean Water Act Section 404, federal jurisdiction, Section 404, water, wetlands | Tagged , , , | Leave a comment

“In determining the limits of its power to regulate discharges under the [Clean Water] Act, the Corps must necessarily choose some point at which water ends and land begins. Our common experience tells us that this is often no easy … Continue reading

Posted in federal jurisdiction, floodplains, rulemaking, streams, wetland regulation | Leave a comment