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West Ashley Library
9 a.m. - 6 p.m.
Phone: (843) 766-6635
Wando Mount Pleasant Library
9 a.m. - 6 p.m.
Phone: (843) 805-6888
Village Library
9 a.m. - 6 p.m.
Phone: (843) 884-9741
St. Paul's/Hollywood Library
9 a.m. - 6 p.m.
Phone: (843) 889-3300
Otranto Road Library
9 a.m. - 6 p.m.
Phone: (843) 572-4094
Mt. Pleasant Library
9 a.m. - 6 p.m.
Phone: (843) 849-6161
McClellanville Library
9 a.m. - 1 p.m.
Phone: (843) 887-3699
Keith Summey North Charleston Library
9 a.m. - 6 p.m.
Phone: (843) 744-2489
John's Island Library
9 a.m. - 6 p.m.
Phone: (843) 559-1945
Hurd/St. Andrews Library
9 a.m. - 6 p.m.
Phone: (843) 766-2546
Folly Beach Library
9 a.m. - 1 p.m.
Phone: (843) 588-2001
Dorchester Road Library
9 a.m. - 6 p.m.
Phone: (843) 552-6466
John L. Dart Library
9 a.m. - 6 p.m.
Phone: (843) 722-7550
Bees Ferry West Ashley Library
9 a.m. - 6 p.m.
Phone: (843) 805-6892
Baxter-Patrick James Island
9 a.m. - 6 p.m.
Phone: (843) 795-6679
Miss Jane's Building (Edisto Library Temporary Location)
Closed
Phone: (843) 869-2355
Edgar Allan Poe/Sullivan's Island Library
Closed for renovations
Phone: (843) 883-3914
Main Library
12 p.m. - 6 p.m.
Phone: (843) 805-6930
Mobile Library
9 a.m. - 5 p.m.
Phone: (843) 805-6909
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THERE IS MORE TO THE CLEAN WATER ACT THAN WATERS OF THE UNITED STATES: A HOLISTIC JURISDICTIONAL APPROACH TO THE SECTION 402 AND SECTION 404 PERMIT PROGRAMS.
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- Author(s): Craig, Robin Kundis
- Source:
Case Western Reserve Law Review. Winter2022, Vol. 73 Issue 2, p349-409. 61p. - Source:
- Additional Information
- Subject Terms:
- Abstract: When Congress enacted the contemporary form of the Federal Water Pollution Control Act in 1972, it used the same statutory formula to trigger both of the act's two permit programs. That decision was never completely comfortable, and over time it has become clear that, although the two permit programs serve the same regulatory goal of improving water quality, they otherwise resonate in two very different complexes of legal values. The U.S. Supreme Court repeatedly has found the section 404 complex particularly troublesome, holding that a broad definition of "waters of the United States" in this program threatens to infringe both states' Tenth Amendment prerogatives and landowners' private property rights. Moreover, this narrowing of jurisdictional "waters of the United States" is likely to continue into the 2022-2023 Supreme Court term through the case of Sackett v. EPA. The intense legal and political focus on "waters of the United States" since at least the Court's 2006 decision in Rapanos v. United States has obscured the fact that Clean Water Act jurisdiction depends on five elements, not just that one, that must be evaluated together. Moreover, the Supreme Court's approach to section 402 jurisdiction in its 2020 decision in County of Maui v. Hawaii Wildlife Fund counsels the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Army Corps or Corps) to take a more holistic approach to their next round of Clean Water Act jurisdictional regulations. This more holistic approach offers two immediate benefits: a highlighting of the many existing exemptions from section 404 and a simplification of jurisdictional analyses. However, in the wake of the anticipated outcome of Sackett v. EPA, the holistic approach can also keep section 402 jurisdiction relatively broad. [ABSTRACT FROM AUTHOR]
- Abstract: Copyright of Case Western Reserve Law Review is the property of Case Western Reserve University School of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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