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... igneous. Regulation includes specific requirements for the content of the The contents of public notice must "include sufficient information to give a clear understanding of the activity to generate." The case, Environmental Coalition of Board County, Inc. v. Myers upheld the Corps' issuance of a permit because the Corps had followed the regulatory procedures for public notice despite insufficient information containing in the public notice for proper evaluation. Any interested individual may make comments in a section 40 d of the permit application.
The district engineer will make the comments on a part of the administrative record of the application. The applicant is given the opportunity to contact the objectors if they choose, in an attempt to resolve The case, Mall Properties, Inc. v. Marsh exhibited the importance of conflict resolution.
Mall Properties sued to reverse denial of a permit when it was not informed of a meeting. The court agreed that regulations require that an applicant be given opportunity to rebut comments made of the application (Davenport). Due to the Clean Water Act, section 404 wetland program, individual states may adopt and administer their own wetland protection programs once approved by the Army Corps. In Gamma v.
New York State Department of Environmental Conservation a landowner sought review of a denial of his request to revamp a portion of his property designated as "formerly connected" wetlands (Ross). The court dismissed the landowner's petition. A facet of the case is whether the property in question should be classified as wetlands. In addition, the question was raised whether the formerly connected wetland, which was subject to action due to artificial means, should be deemed to have met the legal definition of wetlands. The court concluded that the area was properly mapped as wetland due to scientific evidence. In addition, the court held that to include artificially created wetlands unreasonably strains the statutory language.
Ciampiti v. United States demonstrates the importance of checking both state and federal maps. This was an action to decide whether a permit denial to fill wetlands on the landowners property constituted a taking without just compensation under the Fifth Amendment to the United States Constitution. The court found no taking because the wetland permit denials did not interfere with distinct expectations in that the landowner knows about the difficulty attendant upon developing the wetlands well before he purchased the property (Ross).
Wetland maps play an important role in the case. The case indicates how the state and federal wetland designations often overlap and how the two regulatory schemes mesh. The developer needs to be aware of both state and federal wetland delineation. With the amount of regulation a company or person must endure to develop a wetland area there are still a vast amount of development in these areas. It is very expensive to develop these areas, however, if one wetland is developed another is manmade in its place.
To endure all of the hardships placed upon individuals much money, time and litigation is needed and used In many case the litigation required is supportive of the environment. There are however those times when a landowner is attempting to change things on his own property when the Army is all of a sudden involved. These laws are in place for the purpose of bettering the environment for the good of the people, even if it interferes with the public's desires. The cases presented above are just the tip of the iceberg when it comes to dealing with the legal issues involving wetlands. Though, from these few cases you can begin to perceive the scope of the problem.
Estimates vary, but it is safe to say that between the government and private institutions millions upon millions are spent each year in legal fees alone. That does not even include the money lost to time over delays for permits, decisions etc. What needs to be done is some national regulation. The federal government needs to set national standards for all conservation efforts. The federal government needs to step up and draw a consensus set of maps that covers all areas affected by it's legislation. Next, the government, private industry, along with conservation/ preservation groups need to fork over enough money to start doing more research.
Through research and research alone will we ever be able to know Part Three: Communication With The Public As in any relationship, the main problem often turns out to be a communication problem. The scientific community as a whole does not do a good job communicating with the public. Private industry, on the other hand, will go out and hire a person or even a firm of people just to communicate their ideas to the public. This leads to people accepting as "fact" what big The scientific community needs to get on their collective horses and begin learning how to show the public in laymen's, if not more friendly terms, what they need to know. The concerned public, conservation groups, and all the like need to adopt the same agenda. What do they need to know?
They need to know and understand the principals of conservation and biodiversity and what it can do for them. The public needs to be shown the wide array of medicines that can cure anything from cancer to chancre sores. They need to be shown the beautiful animals that will cease to exist if all of these areas are lost. The public needs to be shown the foods and energy sources that our wetlands can provide us with. They need to be shown that these areas can be used and enjoyed with out Industry needs to be shown that if they will work with the public and the government that millions of dollars can be saved in legal fees. Fees that would otherwise be lost to random laws and un continuous political Your average John Q.
Citizen needs to learn the value of patience. He needs to be able to over come his immediate need for revenue and see that a sustained harvest is more beneficial over the long haul. That the unrestrained destruction of almost will never be the best answer. Each person or group needs to pull their weight, and wait their turn. Then and only then can we slow down enough to understand and fix this problem.
The fact of the matter is we can only improve if we work together Bibliography:
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Research essay sample on State And Federal Legal Fees
