Regulatory Framework & Wetland Laws Flashcards

Which federal agency administers Section 404 of the Clean Water Act permitting program?

Answer: U.S. Army Corps of Engineers

The U.S. Army Corps of Engineers (USACE) administers the Section 404 permit program for discharge of dredged or fill material into waters of the U.S.

Under Section 404(b)(1) Guidelines, which of the following is NOT a factor used to evaluate alternatives to a proposed fill activity?

Answer: The applicant's financial profit margin

The 404(b)(1) Guidelines focus on environmental criteria such as practicable alternatives and LEDPA, not the applicant's financial profitability.

What is the primary purpose of Section 401 of the Clean Water Act in the context of wetland permitting?

Answer: To allow states to certify that federally permitted activities comply with state water quality standards

Section 401 grants states the authority to certify or deny federal permits based on compliance with state water quality standards.

Which Nationwide Permit (NWP) authorizes minor discharges of dredged or fill material into non-tidal waters of the U.S. with a limit of 0.10 acre of loss of waters of the U.S.?

Answer: NWP 39

NWP 39 authorizes commercial and institutional developments with a 0.10-acre loss threshold for non-tidal waters of the U.S.

The 'prior converted cropland' exemption under Section 404 applies to wetlands that were converted to agricultural use before which year?

Answer: 1985

Prior converted cropland refers to areas where wetlands were converted to agricultural use before December 23, 1985, when the Food Security Act's Swampbuster provisions took effect.

Under the Swampbuster provisions of the Food Security Act, a farmer who drains a wetland to produce an agricultural commodity may lose eligibility for:

Answer: Federal crop insurance and commodity program benefits

Swampbuster provisions make farmers ineligible for federal farm program benefits including crop insurance and commodity support if they convert wetlands to crop production.

Which legal doctrine held that the Clean Water Act's jurisdiction extended to 'waters of the United States' including isolated wetlands based on migratory bird use, before being rejected by the Supreme Court?

Answer: The Migratory Bird Rule

The Migratory Bird Rule, advanced by EPA and USACE, was rejected in SWANCC v. U.S. Army Corps of Engineers (2001), limiting CWA jurisdiction over isolated waters.