Archives: Wetlands

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Corps Jurisdiction Determinations Reviewable

The U.S. Supreme Court ruled on May 31 in United States Army Corps of Engineers v. Hawkes Co., Inc.[1] that final decisions by the Army Corps of Engineers (“Corps”) concerning the limits of its jurisdiction under the Clean Water Act can be challenged in court. The Clean Water Act (“Act”) regulates the discharge of pollutants … Continue Reading

Zoning Commission Expertise Due Limited Deference in Eyes of Court

The Connecticut Superior Court recently ruled that the Town of Rocky Hill Planning & Zoning Commission (Commission) exceeded its authority by approving a fill permit application to construct a road at the site of the former Rocky Hill landfill located partially within the Town’s Floodplain Overlay District.  The decision – which culminates a five-year zoning … Continue Reading

Rhode Island Moves to Create Consistency with Statewide Inland Wetlands Standards

Governor Raimondo recently signed legislation that will lead to the creation of statewide development setback standards for freshwater wetlands. The new legislation results from the work of a taskforce created two years ago to marshal information on wetland and water resource management issues from stakeholders ranging from environmental groups to real estate developers. Legislators see … Continue Reading