Is there a statute of limitations for skiing on filled wetlands? Interpreting 28 U.S.C. 2462 after United States v. Telluride Co

Article Abstract:

Tolling the 28 USC 2462 five-year period for Clean Water Act (CWA) violations by either the continuing violation theory or the discovery rule would enable wetland conservation and the prosecution of water pollution violations that could not reasonably have been noticed earlier. The federal district court ruling of United States v. Telluride Co. in which wetlands were filled in for skiing purposes in violation of the CWA but the court through its statute of limitations analysis failed to find any continuing violation shows what can be allowed to happen when the laws are interpreted in a misguided way.

Cases, Environmental aspects, Limitation of actions, Statute of limitations

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Transboundary pollution: acid rain and United States-Canadian relations

Article Abstract:

The 1991 US-Canadian Air Quality Agreement represents a bilateral attempt to reduce domestic pollution which has harmful extraterritorial effects. US-Canadian efforts to reduce acid rain have historically been unequal, as each country's industrial base, pollution rates, environmental attitudes and domestic legal structure differ. The Agreement provides an opportunity for both to work toward target emission reduction goals and to enforce obligations in the International Court of Justice when bilateral negotiations fail.

Laws, regulations and rules, International aspects, Acid rain, Acid deposition, Transboundary pollution

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Paving the road to wetlands mitigation banking

Article Abstract:

The author discusses federal rules that allow developers to bank wetland areas as compensatory mitigation for commercial, residential, or agricultural development. Mitigation banking is viewed as providing greater ecological value than traditional mitigation measures involving individual project sites.

United States, Planning, Land banks, Land banks (Conservation)

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