Number: RL30849
Title: THE SUPREME COURT ADDRESSES CORPS OF ENGINEERS JURISDICTION OVER "ISOLATED WATERS": THE SWANCC DECISION
Authors: Robert Meltz, American Law Division; and Claudia Copeland, Resources, Science, and Industry Division 
Abstract: On January 9, 2001, the Supreme Court added another to its growing list of recent decisions on the proper line of demarcation between federal and state authority in our dual-sovereign system of government. In Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, the Court addressed the geographic scope of Clean Water Act section 404, which requires permits for the discharge of dredged or fill materials into "navigable waters," defined by the Act as "waters of the United States," and is the charter for the federal wetlands permitting program. This report discusses the background of the case, the Supreme Court's decision, and the legal and policy implications of the ruling for the CWA, especially for section 404. It discusses the ecological services and physical functions performed by wetlands in maintaining water quality, including in isolated waters. States' ability to fill in any regulatory gaps resulting from the decision and issues for Congress also are addressed.
Pages: 11
Date: Updated February 16, 2001