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Wetlands Protection--A Goal Without a Statute

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Title: Wetlands Protection--A Goal Without a Statute
Author: Sutton, Victoria
Abstract: The difficulties encountered in applying the Clean Water Act over the past twenty-five years provide valuable insight into the regulatory mismatch problem. The idea that a Congressional determination that wetlands must be preserved, not only for scientific, but also for aesthetic and ethical reasons, would provide a constitutional basis for wetlands legislation, is examined in this paper. The difficulties encountered when basing law on an ambiguous scientific basis are also examined and certain solutions are considered. The concept of returning to the original intent of Congress through examination of the Clean Water Act's legislative history regarding the delegation of authority' to the states is also considered. Finally, the movement of federal permit programs to state implementation (similar to the NPDES permitting program), as originally intended by the legislators, is examined.
Related Resources: Click to follow Hein Online link Click to follow Lexis link Click to follow Westlaw link
Date: 1998

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