Army Corps’ New Plant List Expected to Increase Number of Wetlands, Assertions of CWA Jurisdiction

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This article analyzes the potential impacts of the 2012 National Wetland Plant List, released earlier this year. The author concludes that the 2012 NWPL could effect a sea change in wetland regulation, as it classifies far more plants as ‘‘wetland’’ species than ever before, and includes scores of new plants, the majority of which are classified as wetland species. As a result, it almost certainly will cause substantially more areas to qualify as wetlands, and therefore, be subject to Clean Water Act jurisdiction.

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Published In: Construction Updates, Energy & Utilities Updates, Environmental Updates, Transportation Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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