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

Tag Archives: Rapanos

In the 2006 Carabell/Rapanos decision, the Supreme Court Justices lamented the absence of rulemaking following the SWANCC decision (2001) and recommended rulemaking as a follow-up to the Carabell/Rapanos decision.  Now, the House and possibly the Senate, are including language in … Continue reading

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Improving the economy and creating jobs is a high priority. Governors and state legislatures are hard at work nationally. Finding ways to become more business friendly is a common goal. Everyone knows there are tough choices ahead. Budgets are in … Continue reading

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Currently the Administration is reviewing “Clean Water Protection Guidance” (See last week’s Compleat Wetlander at: http://aswm.org/wordpress/the-compleat-wetlander-new-guidance-on-cwa-jurisdiction-will-be-out-for-public-review/) But guidance can only refine existing regulations. This means that new regulations defining “Waters of the U.S.” would be required to fully integrate and … Continue reading

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“In the absence of updated regulations, courts will have to make ad hoc determinations that run the risk of transforming scientific questions into matters of law. That is not the system Congress intended.” —Justice Breyer dissenting in Carabell/Rapanos Over the holidays a notice … Continue reading

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There is one question that I have been asked several times a year every year beginning in 2001.  It is– “How many states have passed legislation to protect wetlands no longer protected under the Clean Water Act following SWANCC?” This … Continue reading

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