The Clean Water Land Grab

Authors

Jonathan H. Adler, Case Western University School of LawFollow

Abstract

Recent Supreme Court decisions on the scope of federal power have significantly narrowed the reach of federal environmental regulation of privately owned wetlands that do not affect interstate waterways. Legislation now before Congress, the Clean Water Restoration Act, would extend wetlands regulation to areas never before embraced by federal law. However, the new law, if adopted, faces significant judicial uncertainties and vulnerabilities. This article argues that regulation of local wetlands should be left to the states.

Keywords

Property, Environment, Water

Publication Date

2010

Document Type

Article

Place of Original Publication

Regulation

Publication Information

32 Regulation 28 (Winter 2009-2010).

Repository Citation

Adler, Jonathan H., "The Clean Water Land Grab" (2010). Faculty Publications. 915.
https://scholarlycommons.law.case.edu/faculty_publications/915