Foreword

• Author: John C. Cruden
• Profession: President, ELI
• Pages: 11-12

Page xi

ELR’s Wetlands Deskbook

Few areas of environmental law have invited as much controversy and litigation as federal wetlands law.

And, few areas are as importa nt to the health of our ecosystem s a nd t he protect ion of drinking water

sources. Althoug h there is no single wetlands statute, a number of federal and state statutes and programs

address protection and use of wetlands. Federal statutes that impac t water pollution, agricultural produc-

tion, sh and wi ldlife habitat, and certain federal benet programs all touch on wetlands. is compli-

cated legal structure resu lts in an array of denitions, prohibitions, and policies applicable to activities

that aect wetlands. All of this has created signic ant challenges for the regulatory agencies charged with

overseeing the nation’s wetlands and generated a signicant number of U.S. Supreme C ourt ca ses, rang-

ing from U.S. v. R iverside Bayview Homes to Solid Waste Agenc y of Northern Cook County (SWANCC) v.

U.S. Army Corps of Engineers through R apanos v. United States and then to Sackett v. EPA.

Wetlands law must consider the very delicate ba lance of private land rights, since wetlands often occur

on privately owned land, versus the considerable public interest in preser ving and protecting the ecologi-

cal benets of wetlands. is ba lance is reected in laws and policies that set up procedural safeguards,

delineation guidance, a nd mitigation requirements in some c ases. e balance can also be seen in the

various federa l wetlands acquisition programs and was at the heart of the rec ent Supreme Court decision

Koontz v. St. Johns River Water Management District, which addressed regulatory takings. In short, federal

laws and their implementation by federal a nd state a gencies demand careful study and underst anding by

all practitioners in this important area.

e Wetlands Deskbook is pa rt of ELI’s comprehensive program to protect we tlands, one of our most

valuable natural resources. ELI’s Wetlands Program provides professiona ls a nd the public with timely,

balanc ed i nformation on wetland s law, policy, science, and management i n order to prevent wetlands

loss and result in a net gain of wetla nds across the United States. e Wetlands Program has three major

areas of focus: education and outreach to promote the best in wetlands protec tion; convening experts

and sta keholders; a nd resea rch and policy an alysis on cutting-edge issues, pa rticu larly mit igation ba nk-

ing. is Deskbook is an exa mple of the program at work, as we seek to make wetland s law more acc es-

sible to practitioners.

e Wetlands Deskbook is pa rt of ELI’s Deskbook series, which combines t he inva luable experience of

the top practitioners in the eld with the encyclopedic coverage and keen insight provided by the sta

of the Environmental Law Reporter. Deskbooks provide practicing attorneys, students, environmental

professionals, and government ocials a n “at-the-ngertips” resource for accessing a nd understanding

environmental law. e series covers climate change, endangered species, NEPA, TSCA, FIFRA, and

many other topics by combining in-depth analysis of the topic with necess ary reference materials, such as

regulations, guidance documents, and form s.

e Deskbooks are natural partners to ELI’s agship resource, the Environme ntal Law Reporter. ELR

is an attorney-edited gateway to researching and understanding environmental law and policy, with

coverage since 1971 available onl ine in an e asily searchable format. ELR couple s thousands of insig htful

article s on environmenta l law and policy with the most impor tant updates, decisions, statutes, regula-

tions, and agency documents and a cumulat ive index and bibliography to help you navigate this high ly

complex area of law. More information about t he Deskbooks, ELR, and ELI’s Wetla nds Program is

available at ww w.eli.org.

e Wetlands Deskbook was authored by Pegg y Strand and Lowell Rothschild, both expert s in this

important area. e Wetlands Deskbook has become known as one of the most authoritative sources on

this a rea of law due to the insight and care Peggy and Lowell have put i nto this work over many yea rs.

e signica nt reworking of t he fourth edition reects m ajor changes in the area of law and the aut hors’

careful rethink ing of how best to present this to readers. We are very grateful to them for their hard work

and dedication in bringing the Deskbook into being. ELR sta also deserve s our sincerest thank s for their

eort and sk ill in helping u s to create this valuable resource.