In this Comment, the author address section 404 of the Clean Water Act of 1977 and the paradox between the purported intention of the Act and its enforcement. Though the legislation was enacted to protect the nation's waters and wetlands, it is administered by agencies reluctant to enforce its provisions. The author highlights the reasons for the paradox and an overview of subsequent legislation and case law that would provide for more consistent enforcement. The author concludes by advocating citizen suits for immediate improvements and statutory changes for long-term improvements.
Wetland Protection under Section 404 of the Clean Water Act: An Enforcement Paradox,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol27/iss1/7