Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Latest Breaking News
In reply to the discussion: Supreme Court rules against EPA in dispute over regulating wetlands [View all]Novara
(6,115 posts)27. instead of speculating about what a wetland is, here's the EPA's definition
https://www.epa.gov/cwa-404/how-wetlands-are-defined-and-identified-under-cwa-section-404#:~:text=Section%20404%20of%20the%20Clean%20Water%20Act
The EPA and the Corps use the 1987 Corps of Engineers Wetlands Delineation Manual and Regional Supplements to define wetlands for the Clean Water Act Section 404 permit program. Section 404 requires a permit from the Corps or authorized state for the discharge of dredged or fill material into the waters of the United States, including wetlands.
The 1987 Corps of Engineers Wetlands Delineation Manual and Regional Supplements organizes characteristics of a potential wetland into three categories: soils, vegetation and hydrology. The manual and supplements contain criteria for each category. With this approach, an area that meets all three criteria is considered a wetland.
And here is the USACE wetlands Delineation Manual: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/
I'm an environmental scientist and it's too much information for me to wade through this minute, but it's clear that it is also too much information for the SCOTUS to rule on in the way that they did. In other words, they chose the political route, not the scientific route.
I know you are surprised they took the political route.
The EPA and the Corps use the 1987 Corps of Engineers Wetlands Delineation Manual and Regional Supplements to define wetlands for the Clean Water Act Section 404 permit program. Section 404 requires a permit from the Corps or authorized state for the discharge of dredged or fill material into the waters of the United States, including wetlands.
The 1987 Corps of Engineers Wetlands Delineation Manual and Regional Supplements organizes characteristics of a potential wetland into three categories: soils, vegetation and hydrology. The manual and supplements contain criteria for each category. With this approach, an area that meets all three criteria is considered a wetland.
And here is the USACE wetlands Delineation Manual: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/
I'm an environmental scientist and it's too much information for me to wade through this minute, but it's clear that it is also too much information for the SCOTUS to rule on in the way that they did. In other words, they chose the political route, not the scientific route.
I know you are surprised they took the political route.
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
53 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
Supreme Court rules against EPA in dispute over regulating wetlands [View all]
BumRushDaShow
May 2023
OP
Creating a dystopian environmental future, repealing one EPA regulation at a time. nt
OAITW r.2.0
May 2023
#4
All nine concurred that the specific land/wetlands at issue in this case did not meet the
KPN
May 2023
#23
Not exactly. The decision set aside the agency's determination that the wetland involved was
KPN
May 2023
#30
Probably because it was narrow, pretty much focused on this one property owner
BumRushDaShow
May 2023
#38