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Article: Justice Kennedy and ecosystem services: a functional approach to Clean Water Act jurisdiction after Rapanos.
- Article from:
- Environmental Law
- Article date:
- June 22, 2008
- Author:
CopyrightCOPYRIGHT 2008 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
II. ECOSYSTEM SERVICES AND THE PRESERVATION OF AQUATIC ECOSYSTEMS
UNDER THE CLEAN WATER ACT
A. Ecosystem Services in General
B. Ecosystem Services from Aquatic Ecosystems and Wetlands
C. The Need for an Ecosystem Services Rhetoric
III. CLEAN WATER ACT JURISDICTION, OLD AND NEW
A. Statutory Provisions
B. Determining Jurisdiction, Old Style: A Formalistic Approach
1. The Classificatory Approach to Clean Water Act
Jurisdiction
2. The Occasional Wetland Deviation
C. The Supreme Court and a Functional Approach to Clean Water Act
Jurisdiction
1. United ...