CWD Regulatory Framework & Wetland Laws 3 — Questions and Answers
Question 1: In Rapanos v. United States (2006), Justice Kennedy's concurring opinion established which test for determining CWA jurisdiction over wetlands?
- The Significant Nexus Test (Correct answer)
- The Continuous Surface Connection Test
- The Migratory Bird Nexus Test
- The Navigable Waters Test
Correct answer: The Significant Nexus Test
Justice Kennedy's 'significant nexus' test requires a meaningful connection between a wetland and a traditional navigable water to establish CWA jurisdiction.
Question 2: The Sackett v. EPA (2023) Supreme Court decision significantly narrowed CWA jurisdiction by ruling that 'waters of the U.S.' includes only wetlands that:
- Are adjacent to navigable waters within 500 feet
- Have a continuous surface water connection to a traditional navigable water (Correct answer)
- Support migratory bird habitat
- Are listed on state wetland inventories
Correct answer: Have a continuous surface water connection to a traditional navigable water
The Sackett decision adopted the plurality standard from Rapanos, limiting CWA jurisdiction to wetlands with a continuous surface connection to traditional navigable waters.
Question 3: Which provision of Section 404 exempts certain normal farming, silviculture, and ranching activities from permit requirements?
- Section 404(a)
- Section 404(c)
- Section 404(f)(1) (Correct answer)
- Section 404(g)
Correct answer: Section 404(f)(1)
Section 404(f)(1) exempts from permit requirements normal farming, silviculture, and ranching activities such as plowing, cultivating, and harvesting for established operations.
Question 4: A delineator identifies a wetland adjacent to a navigable water that will be filled for a shopping center. Which document from the USACE formally establishes the wetland boundary for regulatory purposes?
- Wetland Determination Data Form
- Approved Jurisdictional Determination (AJD) (Correct answer)
- Preliminary Jurisdictional Determination (PJD)
- Wetland Delineation Report
Correct answer: Approved Jurisdictional Determination (AJD)
An Approved Jurisdictional Determination (AJD) is the legally binding USACE determination that confirms the presence and extent of wetlands and other waters subject to CWA jurisdiction.
Question 5: Under the National Environmental Policy Act (NEPA), which document is required for federal actions with potentially significant environmental impacts that affect wetlands?
- Environmental Assessment (EA)
- Environmental Impact Statement (EIS) (Correct answer)
- Categorical Exclusion (CE)
- Finding of No Significant Impact (FONSI)
Correct answer: Environmental Impact Statement (EIS)
A full Environmental Impact Statement (EIS) is required under NEPA when a federal action may significantly affect the quality of the human environment, including wetland impacts.
Question 6: Under the Rivers and Harbors Act of 1899, which section requires a permit for the placement of structures in navigable waters?
- Section 7
- Section 9
- Section 10 (Correct answer)
- Section 14
Correct answer: Section 10
Section 10 of the Rivers and Harbors Act requires a USACE permit for any obstruction or alteration of navigable waters of the United States.
Question 7: Which federal law requires federal agencies to consult with the U.S. Fish and Wildlife Service when a proposed action may affect listed threatened or endangered species in wetland areas?
- National Wildlife Refuge System Administration Act
- Endangered Species Act Section 7 (Correct answer)
- Migratory Bird Treaty Act
- Fish and Wildlife Coordination Act
Correct answer: Endangered Species Act Section 7
Section 7 of the Endangered Species Act (ESA) mandates formal consultation between federal action agencies and USFWS when actions may affect listed species or their critical habitat.
CWD Regulatory Framework & Wetland Laws 3
In Rapanos v.
United States (2006), Justice Kennedy's concurring opinion established which test for determining CWA jurisdiction over wetlands?