Wetlands: An Introduction to Ecology, the Law, and Permitting

by Theda Braddock, Lisa Berntsen

Overview

This second edition explains what wetlands are and how they fit into our complex environmental systems. It incorporates recent court cases and regulations, discusses the functions and values of wetlands, and details the scientific classification of wetlands. Completely updated, this new edition includes new chapters covering the science of wetlands; new developments in the permitting process, enforcement, jurisdiction, and takings; an expanded scientific and legal look at isolated wetlands; and an added look at the Corps administrative appeals process. With the help of easy-to-understand flowcharts, the authors guide you through the delineation of wetlands and offer step-by-step guidance on the permit process and enforcement. As a result, you'll be able to determine which activities require a permit and which are exempt. Other topics covered include political perspectives, ecological perspectives, wetland classification, wetland delineation, administrative penalties, and litigation and defenses.

Product Details

ISBN-13:	9781591919681
Publisher:	Government Institutes
Publication date:	07/26/2007
Sold by:	Barnes & Noble
Format:	eBook
Pages:	146
File size:	12 MB
Note:	This product may take a few minutes to download.

About the Author

Theda Braddock is an attorney at Westervelt Ecological Services, LLC on natural resource damage restoration projects. She is the author of both Washington Environmental Law Handbook and Wetlands Regulation: Case Law, Interpretation&Commentary. Lisa Berntsen is a certified Professional Wetland Scientist and has performed wetland delineations, mitigation plans and Corps of Engineers fill and restoration permits throughout the Pacific Northwest and Alaska. She is a Principal at GeoEngineers, Inc., a national earth science and technology firm.

Table of Contents

Table of Cases     ix
Political Perspectives     1
Appearance of Wetlands     3
Hydrology
Vegetation
Soils
History of Wetlands in the United States
Wetland Protection
Defining a Wetland
Circular 39
Canadian Definition
Cowardin Definition
International Wetland Definitions
Regulatory Definition
Types of Wetlands     11
Cowardin Classification System
Hydrogeomorphic System
Functions and Values of Wetlands
Water Quality
Flood Attenuation and Stormwater Control
Groundwater Support
Fish and Wildlife Habitat
Erosion and Shoreline Support
Aesthetics
Landscape Perspective
Wetland Delineation Methodology     23
Wetland Characteristics
Hydrophytic Vegetation
Indicators of Hydrophytic Vegetation
Hydric Soils
Hydric Soils Characteristics
Hydric Soil Indicators
Wetland Hydrology
Wetland Hydrology Characteristics
Indicators of Wetland Hydrology
Wetland Delineation Field Methods
Preliminary Data Gathering
Routine Determinations
Comprehensive Determinations
Atypical Situations
Problem Areas
Regulatory Guidance Letters
Recent Supreme Court Cases
Solid Waste Agency of North Cook County (SWANCC) Case
Rapanos and Carabell Cases
The Permit Requirement     43
Jurisdictional Issues
Activities Requiring a Permit
General Permits
Nationwide Permits
Nationwide Permit General Conditions
Definitions
New Proposed Nationwide Permits
Exempt Activities
The Recapture Provision
Permitting Procedures     87
Permit Applications in General
Public Notice and Comment
Conflict Resolution
Environmental Protection Agency Guidelines
Water Dependency
Practicable Alternatives
Significant Degradation of Water
Other Considerations
Nonwetlands Environmental Effects
Socioeconomic Effects
Indirect Effects
Mitigation
Other Approvals
State Water Quality Certification
Coastal Zone Management Program
Marine Protection, Research, and Sanctuaries Act
Environmental Impact Statement
National Historic Preservation Act
Interstate Land Sales Full Disclosure Act
Endangered Species Act
Environmental Protection Agency Veto Authority
Administrative Appeals
Administrative Penalties     103
Administrative Monetary Penalties
Violations-Corps Regulations
Violations
Failure to Pay
Enforcement Procedures     107
Government Investigation
Civil Enforcement
Justice Department Referrals
Criminal Enforcement
Citizen Suits
Litigation and Defenses     113
Procedural Issues
Ripeness
Judicial Review of Administrative Decisions
Statute of Limitations
Liability
Attorneys' Fees
The Fifth Amendment Taking Defense
Commerce Clause Jurisdiction after Rapanos     123
Bibliography     127
Index     131
About the Authors     133