Belden-AssignmentWeek6 - Question 1 Read Solid Waste Agency...

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Question 1: Read Solid Waste Agency of Northern CookCounty v. U.S. Army Corps of Engineers, pp 691-693, answer questions 1-4. 1. Summarize the arguments made by the Army Corps of Engineers for finding that the government had the power to regulate this site under the CWA. The Army Corps of Engineers argued that the land needed to be given certain limitations. The migratory birds were important to the ecosystem, and filing the ponds in would disrupt the birds and possibly cause their numbers to drop which could wreak havoc on the environmental system of the Northern Illinois. They argued that the abandoned mine fell under section 404 and fell to intrastate waters, because the seasonal ponds were used by migratory birds, and could affect endangered species. 2. Explain the Supreme Court’s response to each if the Army Corps of Engineers’ arguments previously identified. The Supreme Court argued against every claim that the Army Corps of Engineers argued. They said that because the ponds were small bodies of water that the property did not qualify for protection under the CWA. 3. Did the SC, hold that the government could not regulate this type of site or only that congress had not in fact sought to extend its regulation to this type of site? The Supreme Court did not hold that they could not regulate this type of site; they just stated that this particular site was not covered under the CWA. They stated that the water would need to be used by the public in order to be classified protected under the CWA, since the water is only small seasonal ponds, not fit for consumption or use by residents, the “migratory bird rule” cannot be upheld. 4.
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Belden-AssignmentWeek6 - Question 1 Read Solid Waste Agency...

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