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The twenty-five most influential Clean Water Act section 404 opinions: Thirty years of section 404 litigation examined via citation analysis

Posted on:2011-04-03Degree:M.SType:Thesis
University:State University of New York College of Environmental Science and ForestryCandidate:Taroli, Alison MFull Text:PDF
GTID:2468390011471169Subject:Environmental Law
Abstract/Summary:
Citation analysis was utilized to identify the twenty-five most influential § 404 opinions decided during the first thirty years of CWA.;The twenty-five most influential § 404 opinions were determined by aggregating the rankings of the total citation count, magnified citation count, total citation count per year, and magnified citation count per year. The resulting twenty-five most influential § 404 opinions encompassed three major legal issues: (1) Fifth Amendment takings, (2) improper § 404 permitting decisions based on an inadequate EIS under NEPA, or (3) failure to meet the definition of "waters of the U.S." or "dredge or fill" under CWA.;A descriptive analysis was performed by coding for thirteen different categories to determine whether the top twenty-five § 404 opinions were representative of all § 404 opinions. The results indicate that a higher percentage of § 404 opinions in top twenty-five were decided in the Federal Circuit.;Key Words: Natural Resource law, Citation Analysis, Judicial Decision-making, Clean Water Act § 404, Takings...
Keywords/Search Tags:Twenty-five most influential, Citation, Opinions, §
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