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In an April 2001 court case (Solid Waste Agency in
Northern Cook County v. Army Corps of Engineers) the Supreme Court
ruled that the USACOE does not have jurisdictional authority to
enforce wetland regulations on wetlands that are not associated with
navigable waters. In the recent past, most wetlands were considered
to be protected due to the “migratory bird rule”. Because migratory
birds, such as waterfowl, use wetlands, cross international
boundaries, and can be considered an article of commerce, most
wetlands meeting the jurisdictional definition were considered
waters of the United States under a broad interpretation by the USACOE and were protected from development. More recent court cases
of Rapanos vs. the United States and Carabell vs. USACOE have
further clouded the issues surrounding isolated wetlands. The courts
decisions basically indicate that the issue of whether a
jurisdictional wetland is considered waters of the U.S. or not
should be decide on an individual basis. Nonetheless, most wetlands
are still protected and the appropriate state agency and the USACOE
should be contacted prior to any work in an area thought to be a
wetland. |
