Vermont Journal of Environmental Law

The Supreme Court and the Clean Water Act: Five Essays

VJEL & VLS Land Use Institute

August 31, 2007

Essays on the Supreme Court's Clean Water Act jurisprudence as reflected in Rapanos v. United States

Vermont Law School's Land Use Institute, in conjunction with the VJEL, is pleased to present this collection of five essays by a group of thoughtful and distinguished scholars who seek in various ways to complete the preceding sentence and to offer suggestions as to the meaning of the Rapanos decision for the future application of the Clean Water Act.

Cite to essays from this book using the following format:
Royal C. Gardner, Rapanos & Wetland Mitigation Banking, in The Supreme Court and the Clean Water Act: Five Essays 56 (Vt. J. Envtl. L. 2006), available at http://www.vjel.org/books/pdf/PUBS10004.pdf.

TABLE OF CONTENTS

Introduction
L. Kinvin Wroth

Rapanos v. United States: Significant Nexus or Significant Confusion? The Failure of the Supreme Court to Clearly Define the Scope of Federal Wetland Jurisdiction
Mark Latham

The Rulemaking Response to Rapanos: The Government's Best Hope for Retaining Broad Clean Water Act Jurisdiction
Stephen M. Johnson

Any Hope for Happily Ever After? Reflections on Rapanos and the Future of the Clean Water Act Section 404 Program
Kim Diana Connolly

Rapanos and Wetland Mitigation Banking
Royal C. Gardner

Once More, With Feeling: Reaffirming the Limits of Clean Water Act Jurisdiction
Jonathan H. Adler