About

Endangered Species & Wetlands Report (ESWR) covers the Endangered Species Act, wetlands and takings: implementation of the ESA by the Fish and Wildlife Service and National Marine Fisheries Service, the U.S. Army Corps of Engineers‘ management of the Clean Water Act Section 404 regulatory program, and the interpretation of those laws by the federal courts. We also used to cover regulatory takings, but barely do any more. Perhaps pointing out our deficiency in this area will cause us to focus on it anew.

Re: the CWA — the significant words are “waters of the United States,” the meaning of which is at the heart of federal wetlands protections. One of the big questions debated in lawsuits around the country has been: How far should the government go to protect wetlands? A related issue is whether Congress meant that only “navigable waters” should fall within the purview of the Corps and Environmental Protection Agency, which share authority over the Section 404 program.

Steve Davies started publishing ESWR in 1995. He lives in Takoma Park, Md., a city that borders Washington, D.C., Montgomery County, and Prince George’s County.

–updated Dec. 17, 2011