Perhaps as few as fifteen states have adequate protection of isolated wetlands, which were left vulnerable by the U.S. Supreme Court's Solid Waste decision. This paper also examines the recent Tahoe decision and the case of Delaware to assess the impact of Solid Waste on isolated wetlands. The interim between Solid Waste in 1999 and any forthcoming legislation is the most challenging time, for this is when landowners can manifest their investment-backed expectations for recently proscribed land uses. The interim also produces uncertainty, which may lead to suboptimal landowner decisions. If state law is put in place soon, the government will minimize the possibility of costly compensation for regulatory takings and minimize the degradation of isolated wetlands. One possible solution to the difficulties in crafting swift legislation is the use of moratoria.
Duke, Joshua M. and Sentoff, Kristen A.
"Managing Isolated Wetlands After Solid Waste and Tahoe: The Case of Delaware,"
Florida State University Journal of Land Use and Environmental Law: Vol. 18
, Article 5.
Available at: https://ir.law.fsu.edu/jluel/vol18/iss2/5