About the Author

Foreword

Federal Wetlands Law

Federal Wetlands Law: A Supplement

Cumulative Table of Cases

Cumulative Topical Index

Relevant Statutes

Federal Water Pollution Control Act Sections 301(a), 309, 401, 404, 502, 505

Rivers and Harbors Appropriation Act of 1899 Sections 10, 13

Food Security Act of 1985, as amended

Regulations

U.S. Army Corps of Engineers Regulations, 33 C.F.R. pts. 320-330

Environmental Protection Agency Regulations, 40 C.F.R. pts. 22, 230-233

Department of Agriculture Regulations, 7 C.F.R. pt. 12

Executive Orders

Executive Order No. 12630: Government Actions and Interference With Constitutionally Protected Property Rights

Executive Order No. 11990: Protection of Wetlands

Executive Order No. 11988: Floodplain Management

Policy Guidance

Nationwide Permits

Corps of Engineers Final Notice of Issuance, Reissuance, and Modification of Nationwide Permits (Dec. 13, 1996)

Current Corps Regulatory Guidance Letters

Federal Agencies' Roles and Responsibilities

Extension of RGL 86-10 on Special Area Management Plans (SAMPs)

Section 401 Water Quality Certification and Coastal Zone Management Act Conditions for Nationwide Permits

Alternatives Analysis Under the Section 404(b)(1) Guidelines for Projects Subject to Modification Under the Clean Air Act

Provisional Permits

Guidance on Flexibility of the Section 404(b)(1) Guidelines and Mitigation Banking

Rescission of RGLs 90-5, 90-7, and 90-8

Expiration of Geographic Jurisdictional Determinations

Reissuance of RGL 85-7 on Superfund Projects

Guidance on Individual Permit Flexibility for Small Landowners

Selected Expired Corps Regulatory Guidance Letters

Water Quality Considerations

Permits for Structures and Fills Which Affect the Territorial Seas

Consideration of Public Comments: Mandatory Public Notice Language

Nationwide Permit Program, Multiple Fills

Applicant Responsibility for Providing Information

Section 404(f)(1)(C) Exemption for Construction or Maintenance of Farm or Stock Ponds

Section 404(f)(1)(C) Statutory Exemption for Drainage Ditch Maintenance

Environmental Impact Statement (EIS) Costs That Can Be Paid by the Applicant

Clarification of ``Normal Circumstances'' in the Wetland Definition

Section 404(f)(1) Exemption of Farm and Forest Roads

Plowing

Memoranda of Agreement

MOA Among EPA, the Department of Agriculture, the Department of Defense, and the DOI, Concerning Wetlands Determinations for Purposes of Section 404 of the Clean Water Act and Subtitle B of the Food Security Act (Jan. 19, 1994)

MOA Between the Department of the Army and the Department of the Interior Concerning Section 404(q) of the Clean Water Act (Dec. 21, 1992)

MOA Between the Department of the Army and the Department of Commerce Concerning Section 404(q) of the Clean Water Act (Aug. 11, 1992)

MOA Between the Department of the Army and EPA Concerning Section 404(q) of the Clean Water Act (Aug. 11, 1992)

MOA Between EPA and the Department of the Army Concerning the Determination of Mitigation Under the Clean Water Act Section 404(b)(1) Guidelines (Feb. 6, 1990)

MOA Between the Department of the Army and EPA Concerning Federal Enforcement for the Section 404 Program of the Clean Water Act (Jan. 19, 1989)

Amendment of the January 19, 1989, MOA Concerning the Determination of the Geographic Jurisdiction of the Section 404 Program and the Application of the Exemptions Under Section 404(f) of the Clean Water Act (Jan. 4, 1993)

MOA Between the Department of the Army and EPA Concerning the Determination of the Geographic Jurisdiction of the Section 404 Program and the Application of Exemptions Under Section 404 of the Clean Water Act (Jan. 19, 1989)

MOA Between the Assistant Administrators for External Affairs and Water, EPA, and the Assistant Secretary of the Army for Civil Works Concerning Regulation of Descharges of Solid Waste Under the Clean Water Act (Jan. 17, 1986)

Corps Decisions in Section 404(q) Elevations

Permit Elevation, Meadville Mall (Oct. 3, 1994)

Permit Elevation, Florida Power Corp. (Jan. 25, 1994)

Permit Elevation, Elliott Homes (Apr. 27, 1993)

Permit Elevation, Andalex Resources, Inc. (Aug. 23, 1991)

Permit Elevation, Twisted Oaks Joint Venture (Mar. 15, 1991)

Permit Elevation, Old Cutler Bay Associates (Sept. 13, 1990)

Permit Elevation, Hartz Mountain Development Corp. (Aug. 17, 1989)

Permit Elevation, Plantation Landing Resort, Inc. (Apr. 21, 1989)

List of 1992 MOA Section 404(q) Elevations

List of Additional Permit Elevations

PPA Section 404 Civil Penalty Guidance

EPA Final Clean Water Act Section 404 Civil Administrative Penalty Settlement Guidance and Appendices (Dec. 14, 1990)

Preamble to EPA Section 404(b)(1) Guidelines

Preamble to EPA Guidelines for Specification of Disposal Sites for Dredged or Fill Material (Dec. 24, 1980)

Other Documents

Memorandum From EPA and Corps of Engineers to the Field, on the Application of Best Management Practices to Mechanical Silvicultural Site Preparation Activities for the Establishment of Pine Plantations in the Southeast (Nov. 28, 1995)

Federal Guidance for the Establishment, Use, and Operation of Mitigation Banks (Nov. 28, 1995)

Memorandum From EPA and Corps of Engineers for the Field, on the Applicability of Clean Water Act Section 404 to Vehicle Use in Waters of the U.S. (Aug. 4, 1995)

White House Office on Environmental Policy, Protecting America's Wetlands: A Fair, Flexible, and Effective Approach (Aug. 24, 1993)

Memorandum From Arthur E. Williams, Directorate of Civil Works, Department of the Army, to See Distribution on Clarification and Interpretation of the 1987 Manual (Mar. 6, 1992)

Memorandum From John P. Elmore, Chief, Operations, Construction and Readiness Division, U.S. Army Corps of Engineers, to All Major Subordinate Commands on Endangered Species Act Responsibilities (Dec. 5, 1991)

Questions and Answers on the Agriculture MOA (undated)

Memorandum for the Field From LaJuana S. Wilcher, Assistant Administrator for Water, EPA, and Robert W. Page, Assistant Secretary of the Army (Civil Works) on Clean Water Act Section 404 Regulatory Program and Agricultural Activities (May 3, 1990)

Memorandum From Lance Wood, Assistant Chief Counsel, U.S. Army Corps of Engineers, to Corps Division and District Counsels on Evading Section 404 Jurisdiction by Pumping Water From Wetlands (Apr. 10, 1990)

Memorandum From Brig. Gen. Patrick J. Kelly to See Distribution on EPA Memorandum on Clean Water Act Jurisdiction Over Isolated Waters (Nov. 8, 1985)

Memorandum From Francis S. Blake, EPA General Counsel, to Richard E. Sanderson, EPA Acting Assistant Administrator, Office of External Affairs, on Clean Water Act Jurisdiction Over Isolated Waters (Sept. 12, 1985)

Attorney General Civiletti Opinion on Administrative Authority to Construe Section 404 of the Federal Water Pollution Control Act (Sept. 5, 1979)

List of Additional Policy Guidance Documents Available From the ELR Document Service

1987 Corps Wetlands Delineation Manual

Glossary

Publications List