This Article raises the question of how we should assess the potential threat to wetlands posed by the impacts of a changing climate and considers the role that section 404 of the Clean Water Act can play both in assessing and responding to that threat. Our inquiry is two-fold. First, should we be concerned about climate impacts on wetlands? And if so, how can section 404 help us to assess and respond to this threat?
Part I surveys the scientific literature on the projected impacts of climate change of particular relevance to wetlands and the impacts anticipated for particular types of wetlands. Part II presents an approach for assessing the extent to which we should be concerned about climate change impacts on wetlands. Part III discusses section 404 and priorities for strengthening it in an era of climate change.
Alyson C. Flourney & Allison Fischman, Wetlands Regulation in an Era of Climate Change: Can Section 404 Meet the Challenge?, Geo. Wash. J. Energy & Envtl. L., Summer 2013, at 67, available at http://scholarship.law.ufl.edu/facultypub/368