In 1993, the Environmental Protection Agency and the U.S. Army Corps of Engineers adopted a new regulation, known as the Tulloch Rule, based on a 1992 settlement between certain environmental groups and a developer who had engaged in dredging activities that fell outside of the Clean Water Act's section 404 protection. The Tulloch Rule in essence closed a loophole in the Clean Water Act that developers had been taking advantage of for years. However, in 1998, the United States Court of Appeals for the District of Columbia Circuit affirmed a district court's holding that the Tulloch Rule exceeded the Corp's statutory authority, and invalidated the Rule. This Case Note explores the D.C. Circuit's ruling, and its statutory and case law antecedents. The author concludes that legislative action is needed to protect what the Tulloch Rule had hoped to protect.
Recommended CitationMatthew M. D'Amico, Be All That You Can Be, But Nothing More: National Mining Association v. U.S. Army Corps of Engineers and the Corps' Critical Loss of Wetlands Control, 17 Pace Envtl. L. Rev. 325 (2000)
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