COURT FINDS REGULATORS OVERREACH ON WETLANDS

Historically the Clean Water Act required permits when material was added to fill in wetlands, but the 1993 Tulloch rule created a new category known as "incidental fallback." This covered redeposits of materials including dirt that dropped off of a backhoe while removing soil from a wetland. However, in a June 19, 1998, ruling, the U.S. Court of Appeals for the District of Columbia Circuit asserted that incidental fallback represents a net withdrawal, not an addition of material. The three-judge panel agreed with a January 23, 1997, district court ruling that the federal agencies had exceeded their authority. The court also issued an injunction preventing the U.S. Army Corps of Engineers from applying the Tulloch rule and requiring the associated permits. The American Road and Transportation Builders Association hailed the decision as a victory for the construction industry, but environmentalists believe it will lead to further wetland losses.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/08919526
• Corporate Authors:

  McGraw-Hill, Incorporated

  330 West 42nd Street
  New York, NY  United States  10036
• Authors:
  • Winston, S
• Publication Date: 1998-6-29

Language

• English

Media Info

• Pagination: p. 9
• Serial:
  • ENR
  • Volume: 240
  • Issue Number: 26
  • Publisher: McGraw-Hill, Incorporated
  • ISSN: 0891-9526

Subject/Index Terms

• TRT Terms: Appeals; Construction industry; Court decisions; Environmental protection; Federal laws; Permits; Wetlands
• Identifier Terms: U.S. Army Corps of Engineers
• Old TRIS Terms: Federal regulations
• Subject Areas: Construction; Environment; Highways; Law; I10: Economics and Administration; I50: Construction and Supervision of Construction;

Filing Info

• Accession Number: 00753139
• Record Type: Publication
• Files: TRIS
• Created Date: Sep 3 1998 12:00AM