Wetland Laws and Policy Review

Wetland Laws and Policy

Course Information

  • Course Title: Wetland Ecology and Management

  • Course Codes: NATR 5250/6250

Terms and Concepts in Wetland Laws and Policy

Legislation

  • 1849 Swamp Lands Act
      - Purpose: To aid the State of Louisiana in constructing necessary levees and drains to reclaim swamp and overflowed land.

  • 1850 Swamp Lands Act
      - Extension to additional states including Alabama, Arkansas, California, Florida, Illinois, Indiana, Iowa, Michigan, Mississippi, Missouri, Ohio, and Wisconsin.
      - Minnesota and Oregon added in 1860.

  • 1899 Rivers and Harbors Act
      - Established the U.S. Army Corps of Engineers' (COE) responsibility for regulating dredging and filling of navigable waters.

  • 1969 National Environmental Policy Act
      - Important for establishing a framework for environmental protection through federal involvement in projects affecting the environment.

  • 1972 Federal Water Pollution Control Act (Clean Water Act)
      - Initially, the COE did not regulate most wetlands.

Court Cases

  • 1971 Zabel v. Tabb
      - Significant for COE's denial of a Section 10 Rivers and Harbor Act permit based on wetland impacts.

  • 1975 Nat. Resource Defense Council v. Callaway
      - Determined that wetlands are included in “waters of the United States” subject to dredging regulations of Section 404.

  • 1985 United States v. Riverside Bayview Homes
      - Supreme Court ruled that the COE has jurisdiction over discharges into wetlands adjacent to navigable water (unanimous ruling).

  • 2001 SWANCC v. U.S. Army Corps of Engineers
      - Limited the scope of COE's Section 404 authority regarding isolated wetlands.

  • 2006 Rapanos v. U.S. Army Corps of Engineers
      - Addressed jurisdictional reach of inland adjacent wetlands, leading to differing opinions on how to define wetlands.

  • 2023 Sackett v. EPA
      - Ruling that the Clean Water Act covers only adjoining wetlands, excluding those separated from jurisdictional waters by barriers.

Other Relevant Regulations

  • Swampbuster
      - Provisions passed with the Food Security Act in 1985.

  • COE Migratory Bird Rule
      - Adopted in 1986; expands jurisdiction of wetlands under Section 404 based on migratory bird habitats.

  • Wetland Delineation Manual
      - Developed to provide guidance on wetland identification and protection.

  • State Wetland Programs
      - Each state has its own set of regulations governing wetland management, often in conjunction with federal laws.

  • Ramsar Convention
      - International treaty signed in 1971 aimed at the conservation and sustainable use of wetlands.

Outline of Wetland Policy and Management

  • History of Federal Involvement in Wetlands

  • United States Supreme Court Decisions

  • State Wetland Permitting Processes

  • International Wetland Involvement

Major Points Regarding Federal Wetland Management and Policy (per Mitsch and Gosselink 2007)

  • Absence of National Wetland Law
      - “There is no national wetland law in the United States.”

  • Management Regulations
      - Wetlands are managed under regulations related to land use and water quality; however, these approaches individually cannot lead to a comprehensive policy.

Historical Timeline of Federal Involvement in Wetlands

  • 1849-1850
      - Introduction of Swamp Lands Acts to facilitate land reclamation.

  • 1899
      - Establishment of the Rivers and Harbors Act and the COE's regulatory power.

  • 1969-1972
      - Birth of the National Environmental Policy Act and the Clean Water Act, establishing guidelines for federal oversight.

  • 1975
      - Court's judgment in Nat. Resource Defense Council v. Callaway marks inclusion of more wetlands under federal jurisdiction.

  • 1977
      - Clean Water Act Amendments reference wetlands without Section 404 permits involved.
      - Presidential Executive Order on the protection of wetlands issued.

  • 1985
      - Passage of Swampbuster provisions to prevent the drainage of wetlands for agricultural purposes.
      - Supreme Court affirms COE jurisdiction in United States v. Riverside Bayview Homes.

  • 1986-1991
      - Development of Migratory Bird Rule and wetland delineation manuals.
      - National Wetlands Policy Forum indicates a movement towards a unified approach to wetland definition and protection.

  • 1995
      - NRC report suggests further improved standards for wetland definition and delineation regulations.

  • 2001
      - SWANCC decision limits COE authority over isolated wetlands.
      - NRC findings report insufficient progress towards the 'no net loss' policy.

  • 2006
      - Rapanos decision raises questions about jurisdiction of inland wetlands; differing opinions are expressed regarding the definition and significant nexus.

  • 2023
      - Sackett v. EPA clarifies jurisdictional waters under the Clean Water Act, increasing challenges for wetland protection.

State Wetland Programs in the Southeast

  • States with Coastal Wetland Provisions
      - Alabama, South Carolina, Louisiana, Georgia, Mississippi.

  • States with Provisions for Coastal and Inland Wetlands
      - Florida, North Carolina, Tennessee, Virginia.

International Wetland Management

Ramsar Convention (1971)

  • Established in Ramsar, Iran, as a global treaty for the protection of wetland habitats.

  • Objectives for Member Countries:
      - Promote wise use of wetlands.
      - Designate at least one “Wetland of International Importance.”
      - Establish nature reserves at wetlands.
      - Foster cooperation over shared species and related development assistance impacting wetlands.

North American Waterfowl Management Plan (1986)

  • Focused on managing and conserving waterfowl habitats across North America, aligning with the principles of the Ramsar Convention.