We can work on The Clean Water Act

A developer has proposed to build a retail mall in a long-neglected area of your town. Most people in town support the move because it would bring business and interest to the area. However, a portion of the proposed site is believed to be wetlands.

As the president of the local conservation group, how would you use the Clean Water Act to oppose the proposal?

Alternatively, as the developer of the proposal, what would you do to satisfy requirements of the Clean Water Act and still get the job done?

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Sample Answer

As the president of the local conservation group, I would use the Clean Water Act to oppose the proposal in the following ways:

  • I would argue that the proposed development would violate the Clean Water Act’s prohibition on the filling of wetlands without a permit. The Clean Water Act defines wetlands as “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” The proposed development site is believed to be wetlands, and therefore, any development on the site would require a permit from the U.S. Army Corps of Engineers

Full Answer Section

  • I would also argue that the proposed development would have a negative impact on the water quality of the area. Wetlands play an important role in filtering pollutants from water, and the destruction of wetlands can lead to increased pollution levels in rivers, streams, and lakes. The proposed development would likely increase the amount of stormwater runoff in the area, which could carry pollutants into nearby waterways.
  • Finally, I would argue that the proposed development would have a negative impact on the wildlife in the area. Wetlands provide important habitat for a variety of wildlife, including birds, fish, and amphibians. The destruction of wetlands can lead to the loss of habitat for these species, and it can also disrupt their migration patterns.

As the developer of the proposal, I would do the following to satisfy the requirements of the Clean Water Act and still get the job done:

  • I would first conduct an environmental assessment to determine if the proposed development would have any negative impacts on wetlands. If the environmental assessment finds that the proposed development would have a negative impact on wetlands, I would then apply for a permit from the U.S. Army Corps of Engineers.
  • If the permit is granted, I would then work with the Corps of Engineers to develop a plan to mitigate the negative impacts of the development on wetlands. This plan might include measures such as restoring wetlands in another location, creating a buffer zone around the wetlands, or using alternative materials that are less harmful to wetlands.
  • I would also work with the conservation group to ensure that the proposed development is compatible with the group’s goals. This might involve agreeing to certain restrictions on the development, such as limiting the amount of impervious surfaces or providing a wildlife corridor.

By taking these steps, I believe that it is possible to develop the retail mall while still protecting the environment.

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