139) In the aftermath of the SWANCC
decision, the Corps and the EPA issued a notice of proposed rulemaking to address the jurisdictional reach of the CWA with respect to isolated wetlands, but the agencies ultimately failed to amend the regulations.
sold in interstate commerce"); see also SWANCC
, 531 U.
Over the next two decades, federal courts heard numerous challenges to the scope of federal regulatory authority under the CWA over private land, eventually culminating in the SWANCC
and Rapanos decisions.
In a 5-to-4 decision, the Supreme Court sided with SWANCC
Due to the SWANCC
and Rapanos decisions the Corps recent recommendations lower the maximum size for emergent wetlands from 4.
Since the SWANCC
decision, the Corps and EPA have provided limited additional guidance to the districts concerning jurisdictional determinations, and the Corps has prohibited the districts from developing new local practices for determining the extent of Clean Water Act regulatory jurisdiction.
DECISION AND STATE REGULATION OF WETLANDS 9 (2001).
The Environmental Protection Agency and the Army Corps of Engineers are in the middle of considering whether to further scale back the federal regulation of wetlands on account of the Supreme Court's decision in the SWANCC
Some of the business amicus briefs in SWANCC
forcefully present these arguments, along with a coherent legal theory that built on the Supreme Court's Commerce Clause precedents.
it was wise for them to take no action in response to SWANCC
In the wake of that decision, however, the lower courts have interpreted the SWANCC
decision inconsistently; regulators have refused requests by NAA/NMHC and others for clarification and Congress has shown no appetite for clarifying the scope of the act as it applies to these wetlands.
Valuable hazardous and risk-free materials exist in this equipment, which can be reused, recovered and recycled," said Mary Allen, SWANCC