![]() ![]() Section 4: General Subject: Supreme Court & Wetlands Msg# 1187653
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If another state views this as an opportunity to "weaken protections", won't that simplify the process in that state?
In the case of a landowner looking at a wetland which was reasonably remediable 20 years ago but no longer is because of increased state restrictions, couldn't that be a good thing for the landowner, assuming it is adjacent rather than adjoining? In my view, those increased restrictions after the fact constitute a taking by government as defined under the Fifth Amendment. |
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For reference, the above message is a reply to a message where: Theres a few states supplementing USACE regional determinations and assessments with their own. The court changed the interpretation of adjacent to adjoining. That one word will affect more than 50% of our current wetlands. Many states aren’t willing to roll the dice on federal regulations protecting their waters. Other states will see this as an opportunity to weaken protections. As I stated in my first post, this won’t simplify the permitting process, it just adds more layers. |
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