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Jim Cubie's avatar

Positive news story about wetland birds. Yes very good news, but very bad news soon. Wetland birds have done very well because of a combination of regulation and positive governmental action.

All this is about to change. The developers have been fighting to remove most wetlands from protection under section 404 of the Navigation Act. There is no general wetlands protection law other than this. However, the Supreme Court has clearly signaled that it take away this authority in the next few months. It almost did once in the past and. The. Trump Court surely will.

A number of states piggyback on the Federal interpretation of 404, so those state laws will also essentially be repealed.

I can explain in more detail if you will carry the information. I was Chief Counsel of the Senate Agriculture Committee and know this area of law very well.

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