Royal Gardner’s research for Supreme Court amici brief featured in science journal
Royal C. Gardner, Professor of Law and Director of the Institute for Biodiversity Law and Policy, was the lead author of Advocating for Science: Amici Curiae Brief of Wetland and Water Scientists in Support of the Clean Water Rule, which appeared in the June 2019 issue of the peer-reviewed journal Wetlands.
Co-authors of the article, which has more than 1,100 downloads, include Erin Okuno, Foreman Biodiversity Fellow and Adjunct Professor, as well as Dr. Kirsten Work and Dr. Ben Tanner of the Stetson University main campus in Deland, Fla.
From the abstract:
The Trump administration has proposed replacing the Clean Water Rule, a 2015 regulation that defined the statutory term “waters of the United States” to clarify the geographic jurisdiction of the Clean Water Act. Since its promulgation, the Clean Water Rule has been subjected to numerous judicial challenges. We submitted an amici curiae brief to the United States Court of Appeals for the Sixth Circuit, explaining why the Clean Water Rule, and its definition of “waters of the United States,” is scientifically sound. The definition of “waters of the United States” is a legal determination informed by science. The best available science supports the Clean Water Rule’s categorical treatment of tributaries because compelling scientific evidence demonstrates that tributaries significantly affect the chemical, physical, and biological integrity of traditional navigable waters (primary waters).
Similarly, the best available science supports the Clean Water Rule’s categorical treatment of adjacent waters based on geographic proximity. Compelling scientific evidence demonstrates that waters within 100 ft of an ordinary high water mark (OHWM) significantly affect the chemical, physical, and biological integrity of primary waters, as do waters within 100-year floodplains and waters within 1500 ft of high tide lines of tidally influenced primary waters or OHWMs of the Great Lakes. This review article is adapted from that amici brief.
About Royal C. Gardner
Professor Gardner is an internationally recognized expert in wetland law and policy. His projects include testifying before a World Bank arbitration panel, advising the government of Oman regarding wetland policy, coauthoring amicus briefs on behalf of environmental scientists, and creating interdisciplinary courses that facilitate discourse among experienced scientists, policymakers, and students.
His research and scholarship focus on U.S. and international wetland legal and policy issues, with an emphasis on biodiversity offsets. He has lectured in Africa, Asia, Europe, and North and South America.
Post date: Feb. 18, 2020
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