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?
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.Â The Clean Water ActÂ defines wetlands as “those areas that are inundated or saturated by surface or groundwaterÂ at a frequency and duration sufficientÂ 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
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