Download or read book The Clean Water Act Its Impact on Business Development and the Fifth Amendment to the United States Constitution written by Nicole K. Hodkiewicz and published by . This book was released on 1997 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis focuses on wetland regulation under Section 404 of the Clean Water Act (CWA). Wetland regulations have been blamed for devaluing business development opportunities and infringing on private property rights under the Fifth Amendment of the United States Constitution. The reason wetland regulations have been blamed is that one can not fill a wetland without a permit from federal and state governments. Reasons for individuals wishing to fill wetlands are varied. More common reasons include residential or commercial development, expansion of an existing plant operation, road building, and landfill locating. What has become known as the CWA was enacted in 1972 and amended in 1977 with the intention of protecting the Nation's waters from degradation due to pollution. Section 404 of the CWA regulates dredging and filling in waters of the United States. Waters of the United States are not only considered to be lakes, rivers, and streams, but also wetlands. The United States Army Corps of Engineers (COE) is charged with administrating and enforcing Section 404 of the CWA. The COE enforces Section 404 through a permitting process. There are three wetland fill permits available from the COE: (1) Nationwide; (2) General; and (3) Individual. Each permit has limitations associated with it such as size of fill, type of fill, and wetland type. In addition to these permits, the State of Wisconsin has an additional step in obtaining a wetland fill permit: NR-103 Water Quality Certification. To fill a wetland in Wisconsin, one needs to procure one of the federal permits and state water quality certification issued by the Department of Natural Resources (DNR). When applying for a federal 404 wetland fill permit and state water quality certification, documentation needs to accompany the permit application showing that the applicant has looked at alternatives to filling the wetland and for minimizing impacts caused by the filling. If a wetland fill is under two acres in Wisconsin and for a relatively routine types of activity, a federal nationwide permit is issued by the COE. This permit is relatively easy to obtain. State water quality certification is not as easy. In their review for water quality certification, the DNR looks at all the functions of a wetland to determine if the particular wetland filling proposed will be detrimental. They also look at the practical alternatives to filling the wetland. If alternatives exist, chances are slim for the DNR to issue water quality certification even if a federal permit had already been issued. This two step process has been criticized for being confusing and too stringent on the state's part. The regulations and permitting process have been challenged as violating the Fifth Amendment to the United States Constitution. The Fifth Amendment states: "nor shall private property be taken for public use, without just compensation."
Download or read book Enforcing the Law written by Susan Hunter and published by Routledge. This book was released on 2016-09-16 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an analysis of the EPA enforcement of the Clean Water Act and its amendments. The book uses extensive EPA data, including a survey of the EPA and state level environmental officials, to examine enforcement from the perspective of the enforcement personnel.
Download or read book Clean Water Act written by Anu K. Mittal and published by DIANE Publishing. This book was released on 2010 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Clean Water Act was enacted to help reduce water pollution and improve the health of the nation¿s waterways. The EPA administers its enforcement responsibilities, as well as its 10 regional offices and the states. This statement summarizes the results of five prior reports on the effectiveness of EPA¿s enforcement program. Specifically, it includes information on the: (1) factors that cause variations in enforcement activities and lead to inconsistencies across regions; (2) impact that inadequate resources and work force planning has had on enforcement; (3) efforts EPA has taken to improve priority planning; and (4) accuracy and transparency of measures of program effectiveness.
Download or read book The Thirty fifth Anniversary of the Clean Water Act written by United States. Congress. House. Committee on Transportation and Infrastructure and published by . This book was released on 2007 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of the Administration s Wetlands Proposals on Pennsylvania written by United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Energy and the Environment and published by . This book was released on 1992 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Clean Water Act and the Constitution written by Robin Kundis Craig and published by Environmental Law Institute. This book was released on 2009 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this second edition of a landmark book, author Robin Craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality--the Clean Water Act--operates in a context complicated by a variety of constitutional requirements and dictates.This new edition thoroughly updates the first edition, particularly in areas where the Supreme Court has issued significant new decisions. For example, it includes discussions of the Court's 2006 decision in Rapanos v. United States plus the important recent developments in Commerce Clause jurisprudence. Other noteworthy additions include Clean Water Act takings jurisprudence, new discussions of "increased risk" as a basis for citizen suit standing, and the issue of state citizen suit standing after Massachusetts v. EPA.
Download or read book The Clean Water Act After 37 Years written by United States. Congress. House. Committee on Transportation and Infrastructure and published by . This book was released on 2009 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Guide to the Clean Water Act Amendments written by United States. Environmental Protection Agency. Office of Public Awareness and published by . This book was released on 1978 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Navigating the Clean Water Act written by United States. Congress. House. Committee on Science, Space, and Technology (2011) and published by . This book was released on 2015 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Clean Water Act Issues written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 2000 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Clean Water ACT written by United States Government Accountability Office and published by Createspace Independent Publishing Platform. This book was released on 2018-05-18 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clean Water Act: Longstanding Issues Impact EPA's and States' Enforcement Efforts
Download or read book Clean Water Act Amendments written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 1983 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Clean Water Act Showing Changes Made by the 1977 Amendments written by United States and published by . This book was released on 1979 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Implementation of the Clean Water Act written by United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Environmental Pollution and published by . This book was released on 1982 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Clean Water Act written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 1996 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Clean Water Act Showing Changes Made by the 1977 Amendments P L 95 217 the 1978 Amendments to Sections 104 and 311 P L 95 576 and the 1980 Amendments P L 96 483 written by United States and published by . This book was released on 1981 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Clean Water Act Thirty year Retrospective written by Association of State and Interstate Water Pollution Control and published by Association of State and Interstate Water Pollution Control. This book was released on 2004 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:
