Wetland Law
From Wetland Research
Wetlands due to their diverse nature and geography, ranging from coastal marshes to vernal pools are touched upon many aspects of the law in the United States. With the growing realization of the importance of wetlands, for water filtration, storage and as an important ecosystem, wetlands have become increasingly regulated. In coastal regions in particular, wetlands are often in desirable areas for development due to the scenic vistas.
One of the major countervailing themes in Wetland Law is Property Rights. Many landowners, public and private, believe they should be able to as they wish on their own land, without limitation. Conservationists as well as Local, State and Federal governments often believe property rights should be balanced against the need to protect wetlands.
The earliest environmental law in the United States, the Rivers and Harbors Appropriation Act of 1899, directly affected wetlands and gave Congress limited abilities to permit and regulate the building on, or over Navigable Waters. A critical part in understanding laws that affect wetlands is the recurring theme of Navigable Waters. An evergreen issue, the definition and theme of navigable waters is as important today as it had been in 1899 when the Rivers and Harbors Act was written, as the recent Supreme Court case of Rapanos v. US exhibits. Different interpretations of the term Navigable Waters have vastly divergent outcomes on wetlands nationwide.
The official US Government policy prior to the 1970's has been to convert wetlands into agricultural or other uses, since the Swampbuster Law was passed, wetland converson has slowed considerably. Other laws have been passed to protect wetlands either through incentives or penalties, which has mixed results.
1800's 1930's
1930's 1970's
1970-present
The Clean Water Act: An Owner's Manual-----book
The Clean Water Act provides low-interest loans for communities, individuals, citizens' groups, non-profits, and others to better the quality of watersheds through a wide range of water-quality related projects. These loans are administered through "State Revolving Funds.
Incorporate: After Lobbying, Wetlands Rules Are Narrowed, NYTimes article July 07
Federal Laws
Mountaintop Removal
Coastal Wetlands Planning, Protection and Restoration Act
Emergency Wetlands Resource Act of 1986
Wetland Protection Act of 1972
United States vs Lee Wood Contracting Inc.
Emergency Wetlands Reserve Program
Executive Order 11990 - Protection of Wetlands
[edit] US Supreme Court Decisions
Borden Ranch Partnership v. U.S.COE
[edit] External Links
Mercer College Wetland Law Home Page
Wetland Law Report Subscription Service
Mercer College Wetland Case Law
ABA Wetland Law and Policy Book Supplement
U.S. Supreme Court Rapanos and Carabell Cases website by Prof. Kim Diana Connolly
[edit] Wetland Related Law in Congress
Open Congress : Major Bill Actions in Wetlands
- Bill Introduced: S.3539 San Francisco Bay Restoration Act
A bill to amend the Federal Water Pollution Control Act to establish a grant program to assist in the restoration of San Francisco Bay. - Bill Introduced: H.R.5344 Coastal Habitat Conservation Act
To authorize the Secretary of the Interior, through the Coastal Program of the United States Fish and Wildlife Service, to work with willing partners and provide support to efforts to assess, protect, restore, and enhance important coastal areas that provide fish and wildlife habitat on which Federal trust species depend. - Bill Introduced: S.3382 A bill to authorize the Secretary of the Interior, through the Coastal Program of the United States Fish and Wildlife Service, to work with willing partners and provide support to efforts to assess, protect, restore, and enhance important coastal areas that provide fish and wildlife habitat on which Federal trust species depend.
A bill to authorize the Secretary of the Interior, through the Coastal Program of the United States Fish and Wildlife Service, to work with willing partners and provide support to efforts to assess, protect, restore, and enhance important coastal areas that provide fish and wildlife habitat on which Federal trust species depend. - Bill Signed by President: H.R.3433 To amend the North American Wetlands Conservation Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation projects in Canada that are funded under that Act, and for other purposes.
To amend the North American Wetlands Conservation Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation projects in Canada that are funded under that Act, and for other purposes.
March 25, 2010: Signed by President. - Bill Enacted: H.R.3433 To amend the North American Wetlands Conservation Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation projects in Canada that are funded under that Act, and for other purposes.
To amend the North American Wetlands Conservation Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation projects in Canada that are funded under that Act, and for other purposes.
March 25, 2010: Became Public Law No: 111-149. - Bill Sent To President: H.R.3433 To amend the North American Wetlands Conservation Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation projects in Canada that are funded under that Act, and for other purposes.
To amend the North American Wetlands Conservation Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation projects in Canada that are funded under that Act, and for other purposes.
March 15, 2010: Presented to President. - Bill Sent To President: H.R.3433 To amend the North American Wetlands Conservation Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation projects in Canada that are funded under that Act, and for other purposes.
To amend the North American Wetlands Conservation Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation projects in Canada that are funded under that Act, and for other purposes.
March 09, 2010: Cleared for White House. - Bill Introduced: S.3025 Columbia River Restoration Act of 2010
A bill to amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect and restore the water quality of the Columbia River Basin, and for other purposes. - Bill Introduced: H.R.4652 Columbia River Restoration Act of 2010
To amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect and restore the water quality of the Columbia River Basin, and for other purposes. - Bill Introduced: S.2895 Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2009
A bill to restore forest landscapes, protect old growth forests, and manage national forests in the eastside forests of the State of Oregon, and for other purposes. - Bill Introduced: S.2876 Wetlands Conservation Investment Act of 2009
A bill to amend the Internal Revenue Code of 1986 to clarify the capital gain or loss treatment of the sale or exchange of mitigation credits earned by restoring wetlands, and for other purposes. - Bill Introduced: H.R.4029 Puget Sound Recovery Act of 2009
To amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect the water quality of Puget Sound, and for other purposes. - Bill Introduced: S.2739 Puget Sound Recovery Act of 2009
A bill to amend the Federal Water Pollution Control Act to provide for the establishment of the Puget Sound Program Office, and for other purposes. - Bill Introduced: S.2729 Clean Energy Partnerships Act of 2009
A bill to reduce greenhouse gas emissions from uncapped domestic sources, and for other purposes. - Bill Introduced: S.2724 Lake Tahoe Restoration Act of 2009
A bill to provide for environmental restoration activities and forest management activities in the Lake Tahoe Basin. - Bill Introduced: H.R.4001 Lake Tahoe Restoration Act of 2009
To provide for environmental restoration activities and forest management activities in the Lake Tahoe Basin. - Bill Signed by President: H.R.2996 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
October 30, 2009: Signed by President. - Bill Enacted: H.R.2996 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
October 30, 2009: Became Public Law No: 111-88. - Bill Sent To President: H.R.2996 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
October 30, 2009: Presented to President. - Bill Signed by President: H.R.2996 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
October 30, 2009: Signed by President.
