. . . And from the Newsletter Editor

Timothy J. Hagerty

As Beth and Steve said above, welcome to the first Water Quality and Wetlands Committee Newsletter of 2003. This issue is jam packed with interesting and informative articles from a number of experienced professionals. These authors have brought their different perspectives to bear on some of the most interesting and pressing developments to have arisen in our practice area in some time. Steve Miano has provided an excellent overview of Clean Water Act jurisdiction in the post-SWANCC era. Dan Kravets and Larry Liebesman have addressed the recent Advanced Notice of Proposed Rule Making and joint guidance memorandum on jurisdictional matters issued by the Corps and EPA. We also have an excellent article from Joe Williams on the recently released Regulatory Guidance Letter on compensatory mitigation, and a brief summary from Larry Liebesman on the new National Wetlands Mitigation Action Plan. Rounding out the recent major developments, Pam Marks and Charles McElwee have provided informative articles on EPA’s Water Quality Trading Policy, announced in January.

Other articles in this issue include a discussion of whole effluent toxicity (WET) test methods by Alex Dunn, a summary of the Supreme Court’s Borden Ranch decision by Larry Liebesman, articles on recent TMDL decisions by Lee DeHihns and Ellen Steen, and a discussion of regulating dams through TMDLs by Kevin Beaton. We also have a piece on North Carolina’s nutrient management strategy by Steve Levitas, an article entitled “What is an ARNI and Why Should You Care?” by Michelle Diffenderfer, and a summary of the recent Fourth Circuit “valley fill” decision by yours truly.

This is truly a Newsletter packed with interesting information, and I want to thank all of the authors for their generosity in sharing their expertise and insights with their ABA colleagues. You will notice some overlap in the coverage of some of the articles. That is by intent. Each of these important issues has many facets, and depending on one’s perspective, their analysis and outcome may differ considerably. I hope that this Newsletter will get you thinking about these issues or inform you of a perspective that you may not have seen previously.

Finally, please let me or Roy Gardner know if you are interested in writing an article for a future Newsletter. We are already working on our next issue and are anxious to have interesting and topical articles. As you can see from this issue, articles need not be overly long or “scholarly.” Just provide us a concise overview and analysis of an interesting issue or case that you may be handling or involved in. We are always happy to widen the circle of contributors to this important forum.