A Nexus Runs Through It: Wetlands, Hydrological Connections, and Federal Jurisdiction in the Post-SWANCC World

摘要

The U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) has certainly caused much confusion about the exact contours of wetlands jurisdiction. In this Article, Jack Kerns reviews the circuit and district court decisions that followed SWANCC and their development of the "hydrologic connection" test. He then asks whether groundwater can serve as a jurisdictional basis for wetlands as "waters of the United States. " This issue is fraught with uncertainty, as groundwater cannot be readily observed. Nevertheless, the author concludes that with proper documentation and field verification, the answer may be yes.