CWD Regulatory Framework & Wetland Laws 3

Question 1

In Rapanos v. United States (2006), Justice Kennedy's concurring opinion established which test for determining CWA jurisdiction over wetlands?

Accepted Answer

The Significant Nexus Test

Answer

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:

Accepted Answer

Have a continuous surface water connection to a traditional navigable water

Answer

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?

Accepted Answer

Section 404(f)(1)

Answer

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?

Accepted Answer

Approved Jurisdictional Determination (AJD)

Answer

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?

Accepted Answer

Environmental Impact Statement (EIS)

Answer

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.

(CWD) Certified Wetland Delineator Practice Test

(CWD) Certified Wetland Delineator Practice Test

CWD Regulatory Framework & Wetland Laws 3