Wetlands Regulation: Case Law, Interpretation, and Commentary
Dissecting 72 key cases, Wetlands Regulation provides a unique, up-to-date examination of the original intent of wetlands law, court interpretations, and lessons the regulated community and attorneys can learn from these court decisions.
Organized into five sections, this book presents cases covering five major areas of concern: jurisdiction, the permit requirement, permitting procedures, enforcement, and regulatory takings. Each section begins with a discussion of basic cases and advances to recent and more complex cases, providing you with an overview of the evolution of wetlands regulation and court opinion. You'll read and learn from actual court decisions that rule on such regulatory challenges as the permitting authority of the U.S. Army Corps of Engineers, the delineation of wetlands, the role of migratory birds in wetlands rulings and takings, the enforcement of Class I and Class II penalties, and the government's right to take private property or to limit activity on private land.
Each case discussion includes the court's official decision as well as an explanation of each case's circumstances, background, and principles in question. You'll get enough factual elements to be able to compare your own situation to those presented in each case.