Addition by Removal?: National Mining Limits Section 404 Control of Construction in Wetlands

In this Note, the author reviews the demise of the Army Corps of Engineers\u27 infamous Tulloch Rule. The rule, which allowed the Corps to regulate dredging under the Clean Water Act (CWA) by prohibiting incidental fallback, was declared invalid by the District of Columbia Circuit Court and the Corps was enjoined from utilizing the rule nationwide. The author begins by looking at the history of Corps regulation under the CWA and the events leading up to the promulgation of the Tulloch rule. Following this introduction to Corps jurisdiction, the author examines the decision of National Mining Association v. United States Army Corps of Engineers which invalidated the rule. In conclusion, the author argues that Congress should adopt an amendment to the CWA closing the loophole the Tulloch Rule sought to guard against