The second edition of Wetlands Law and Policy is now available!

ABA has just announced the release of its much-awaited publication, Wetlands Law and Policy: Understanding Section 404, Second Edition, by Susan L. Stephens, Kim D. Connolly, and Sarah P. Jarboe. The word “wetlands” refers to a variety of important ecosystems found throughout the world characterized by hydric soil, wetland vegetation, and a particular category of hydrology. A complex web of local, state, federal, and international law regulates activities in and near wetlands because of the value those systems provide to the ecosystem and particularly to downstream water quality. This book focuses primarily on the role of the federal government in protecting and regulating the nation's wetlands through the Clean Water Act’s section 404 program. The long-overdue second edition provides a succinct yet complete overview of the legal landscape governing activities in and development of wetlands and other surface waters and contains important tips to and resources for practitioners for navigating that landscape. It walks through the regulations and court cases interpreting and enlivening section 404 over the past decades, including recent controversies surrounding which wetlands are properly subject to regulation as “waters of the United States,” as culminated (so far) in the Sackett v. Environmental Protection Agency case and subsequent rulemaking.

The U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, and the states all play a role in implementing the section 404 program, and these overlapping authorities create complexity and, in some cases, conflict, that are important for an environmental practitioner to understand. Implementation of the program often brings private and public development projects into conflict with groups that seek to protect wetlands from impact. In fact, disputes continue to rage in our court system over the scope of the section 404 program, which wetlands can be regulated by it, and the states’ role in that process.

The chapters in this current analysis of the federal government's role in protecting wetlands are written by experienced lawyers in the field from a variety of professional viewpoints—industry, government, conservation groups, and academia. The book proceeds in logical and sequential fashion, starting with an overview of the history and scope of the section 404 program and following with chapters explaining when a wetland is (or is not) subject to regulation under the program and which activities are subject to regulation. For regulated activities in jurisdictional wetlands, two chapters explain how to navigate through the permit process and when abbreviated permits like general permits might be available, while subsequent chapters expand on the permitting process for individual permits, including wetland mitigation and the significant interagency coordination requirements intertwined with the program. Litigation options are outlined for challenging the permitting decision, and agency enforcement actions and policies are explained. In the final chapter, the book provides a general overview of local, state, and international wetland policies and regulations and attempts to forecast what the regulatory future may hold.