Accession Number : ADA321287

Title :   Is There a Better Approach to Regulatory Takings Claims Caused by Wetlands Regulation?

Descriptive Note : Master's thesis,

Corporate Author : AIR FORCE INST OF TECH WRIGHT-PATTERSON AFB OH

Personal Author(s) : McDade, Carlos L.

PDF Url : ADA321287

Report Date : 07 FEB 1997

Pagination or Media Count : 90

Abstract : In 1972, Congress amended the Federal Water Pollution Control Act and created Section 404 in order to protect America's wetlands by prohibiting dredging and filling in waters of the United States without a permit from the United States Army Corps of Engineers ('the Corps',). Since that time, the Corps has protected wetlands through the permit process by forcing citizens to restrict or modify development of their privately owned wetlands and, in some cases, by prohibiting such development. Federal programs protecting wetlands have been the focus of 'considerable controversy in recent years.' Much of that controversy involves the Fifth Amendment to the Constitution of the United States. It states that property shall not be taken for public use without just compensation. The government and portions of the regulated community fundamentally disagree as to whether the restriction or prohibition of development of privately owned wetlands constitutes a taking under the Fifth Amendment. As it is estimated that 75 percent of the remaining wetlands in the continental United States are located on private property, this conflict will only increase as government efforts to save the remaining wetlands continue.

Descriptors :   *WATER POLLUTION, *ENVIRONMENTAL MANAGEMENT, *WETLANDS, *DREDGING, MILITARY FORCES(UNITED STATES), CONTROL, CONGRESS, UNITED STATES, UNITED STATES GOVERNMENT, ARMY, REGULATIONS.

Subject Categories : Hydrology, Limnology and Potamology
      Water Pollution and Control
      Civil Engineering

Distribution Statement : APPROVED FOR PUBLIC RELEASE