WRW Reading Materials

• Digest of Recent Court Decisions since SWANCC and Rapanos, Compiled and Provided by Stephen J. Samuals, Department of Justice.
• Any Hope for Happily Ever After? Reflections on Rapanos and the Future of the Clean Water Act Section 404 Program By Kim Diana Connolly, Associate Professor University of South Carolina School of Law. JUST ADDED

• Hard to Navigate: Rapanos and the Future of Protecting Our Waters By James Murphy. JUST ADDED

• Muddying the Waters of the Clean Water Act: Rapanos v. United States and the Future of America's Wetlands. By James Murphy. JUST ADDED

• Significant Flaws: Why the Rapanos Guidance Misinterprets the Law, Fails to Protect Waters and Provides Litte Certainty By James Murphy and Stephen Johnson. JUST ADDED

• Anchoring the Clean Water Act: Congress' Constitutional Sources of Power to Protect the Nation's Water An Environmental Law Institute White Paper primarily authored by Jay Austin and Bruce Myers. JUST ADDED

• From the Fields of Runnymede to the Waters of the United States: A Historical Review of the Clean Water Act and the Term "Navigable Waters" By William W. Sapp, Tracey L. Starr and M. Allison Burdette. JUST ADDED

• Don't be Misled: CWA Jurisdiction Extends to All Non-Navigable Tributaries of the Traditional Navigable Waters and to Their Adjacent Wetlands... By Lance D. Wood JUST ADDED

• Commentary: The Clean Water Act -- Misinterpretation and misimplementation. JUST ADDED

• 11th Circuit Court Decides Perennial Stream is not subject to Clean Water Act for a Section 402 Discharge. By John Kusler Esq., PhD, Association of State Wetland Managers, Inc. JUST ADDED

• ASCE Policy Statement 418 Sustainable Development

• ASCE Polciy Statement 378 Wetlands Regulatory Policy

• ASCE Sustainable Development Action Plan 2007

• The Forum: Which Waters Deserve Federal Protection The Environmental Forum September/OCtober 2007, a publication of the Environmental Law Institute

• Rapanos v. United States: Significant Nexus or Significant Confusion? The Failure of the Supreme Court to Clearly Define the Scope of Federal Wetland Jurisdiction, By Mark Latham, Associate Professor of Law, Vermont Law School.
  

• Reckoning with Rapanos: Revisiting "Waters of the United States" And The Limits of Federal Wetlands Regulation, By Jonathon H. Adler, Case Western Reserve University.
  

• Comments on Guidance: U.S. EPA & Army Corps of Engineers, Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States (June 5, 2007) (hereinafter “Guidance”).