Property Rights Foundation of America®

9. U.S. Army Corps of Engineers

(Latest update 2001)

Headquarters

Casimir Pulaski Building

20 Massachusetts Avenue, N. W.
Washington, D C 20314-1000

(202) 761-0001

Troy, N.Y., Office (2003)

(Regulates wetlands in the Adirondack region)

Andy Dangler, Project Manager

Corps of Engineers
Permits and Regulatory Section
1 Bond Street
Troy, NY 12180

(518) 270-0588 or 270-0589

Key Personnel

Commander Lt. Gen. Joe N. Ballard

Comments

The U.S. Army Corps of Engineers regulates wetlands, both inside and outside the Adirondack Park, under the federal Clean Water Act. Its jurisdiction overlaps with the APA. It has issued contracts to the Adirondack Park Agency to map wetlands within the Adirondack Park.

Recent limitations on Corps of Engineer's power

Recently U.S. Supreme issued several decisions that have somewhat narrowed the Corps of Engineers' power to regulate wetlands. See the following decisions on the PRFA web site:

Palazzolo v. Rhode Island

In Palazzolo v. Rhode Island, a case involving coastal wetlands, Justice Kennedy ruled for the majority on June 28, 2001 that a purchaser was not barred from claiming compensation for a "taking" due to a restriction enacted earlier.

See: takings_not_wiped_out.html

Solid Waste Authority of Northern Cook County (SWANCC)

The U.S. Supreme court dealt a fatal blow to the Corps of Engineers decades of regulation of isolated wetlands on January 9, 2001. Ruling on an appeal brought to it by the Solid Waste Authority of Northern Cook County, Illinois, Justice Rehnquist wrote for the court that the "Migratory Bird Rule" that the Corps put in place in 1986 "exceeds the authority" granted to the Corps under Section 404 (a) of the Clean Water Act. The Corps had been claiming that since people spend money watching migratory birds, which may stop at isolated wetlands, the Corps could regulate the wetlands under the Commerce Clause.

See: http://prfamerica.org/US-SupremeCourtNarrows.html

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