California Real Estate Broker ExaminationPropertyHard
A developer is planning a large residential community in an area that includes significant wetland acreage. What federal regulation would primarily govern the developer's ability to fill or dredge these wetlands?
- AClean Water Act
- BClean Air Act
- CResource Conservation and Recovery Act (RCRA)
- DSuperfund (CERCLA)
Show answer & explanationAnswer & explanation
Correct answer: A. Clean Water Act
Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands.
Why the other options are wrong
- B. The Clean Air Act regulates air emissions, not wetlands dredging.
- C. RCRA governs the management of solid and hazardous waste, not wetland filling.
- D. CERCLA (Superfund) addresses hazardous waste sites cleanup, not wetland development permits.
Clean Water Act (CWA)
A federal law that sets national water quality standards and regulates the discharge of pollutants into U.S. waters, including wetlands.
- Administered by the Environmental Protection Agency (EPA) and Army Corps of Engineers.
- Section 404 specifically regulates dredging and filling of wetlands.
- Requires permits for activities that impact wetlands.
- Aims to restore and maintain the chemical, physical, and biological integrity of the nation's waters.
Memory trick: Wetlands: 'W'ater 'E'nvironment 'T'hreats 'L'aw (Clean Water Act).