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Protection of wetlands and small streams is a major focus of the Clean Water Rule. The Clean Water Rule is a 2015 regulation published by the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) to clarify water resource management in the United States under a provision of the Clean Water Act of 1972. [1]
The 1972 act authorized continued use of the water quality-based approach, but in coordination with the technology-based standards. After application of technology-based standards to a permit, if water quality is still impaired for the particular water body, then the permit agency may add water quality-based limitations to that permit. The ...
The deadlock on action to protect wetlands was broken in 1987. On June 9, 1987, Governor Kean declared an 18-month moratorium on development in any of New Jersey's remaining 300,000 acres of freshwater wetlands, saying that he would lift the moratorium as soon as the New Jersey legislature sent him a bill protecting the wetlands that he could sign.
That means developers still need a permit and lost wetland acres must be mitigated, or new wetlands constructed elsewhere to compensate for the losses. But the other two wetland-types essentially ...
"No Net loss" is the United States government's overall policy goal regarding wetlands preservation. The goal of the policy is to balance wetland loss due to economic development with wetlands reclamation, mitigation, and restorations efforts, so that the total acreage of wetlands in the country does not decrease, but remains constant or increases.
There are a number of government agencies in the United States that are in some way concerned with the protection of wetlands. The top five are the Army Corps of Engineers (ACoE), Natural Resources Conservation Service (NRCS), Fish and Wildlife Service (FWS), National Oceanic and Atmospheric Administration (NOAA), and the Environmental Protection Agency (EPA). [5]
Section 404 [1] of the Act requires permits for the discharge of dredged or fill materials into "navigable waters," which is defined by the Act as "waters of the United States." That provision was the basis for the federal wetlands-permitting program.
Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), also known as Sackett II (to distinguish it from the 2012 case), was a United States Supreme Court case in which the court held that only wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters" are covered by the Clean Water Act.