Superstorm Sandy hit the New York City area on Oct. 29, 2012. Since Sandy, federal, state and local resource managers have increasingly come to view wetlands not merely as important natural areas worthy of preservation but as central to sustainable and cost-effective storm water management systems. Indeed, New York City’s program for managing natural areas in the 10,000-acre ‘Bluebelt’ of Staten Island is often cited as a successful application of this new approach to blending redevelopment, storm water management and wetlands protection. At the same time, wetland ecosystems are at risk from sea level rise and increased storm intensity associated with climate change.

Although all ecosystems are sensitive to climate change, coastal wetlands that back up to development are especially at risk because they cannot migrate upland to keep pace with rising sea levels. Thus, the fourth anniversary of Superstorm Sandy provides a timely reason to review some recent developments concerning federal and state jurisdiction over wetlands.

Regulating Wetlands

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