A great Safety Award or Retirement Gift! AVAILABLE IN BOTH HARDBOUND AND SOFT COVER EDITIONS (907) 223-4704 | judypatrickphotography.com Also available in bulk quantities! A COFFEE TABLE PHOTO BOOK OF ALASKA’S NORTH SLOPE OIL PATCH ON SALE NOW! www.AlaskaAlliance.com 2024 Meet Alaska Conference & Trade Show 29 in the United States. Prior to the 2023 Sackett decision, “Any piece of land that is wet at least part of the year was in danger of being classified by EPA employees as [federal] wetlands,” said Supreme Court Justice Samuel Alito. “Virtually any parcel of land containing a channel or conduit ... through with rainwater may occasionally flow ... could be claimed as federal wetlands; including a land area some 120 miles away from a river,” Justice Alito said. In the 2023 Sackett case, the Supreme Court recognized several legal limits to the definition of federal “wetlands” including: n The constitutional due process clause. The U.S. Constitution requires federal laws to give clear notice in advance whether an act by a property owner, such as moving dirt, is a crime. To give notice, federal wetlands must have visible surface water, be a relatively permanent water body (lakes, rivers, etc.,) able to sustain the movement of goods and people, or have a continuous surface connection to such waterbody. n The Clean Water Act’s statutory use of the term “waters” in defining “Waters of the United States” and wetlands as meaning relatively permanent water bodies ordinarily described as “streams, rivers, oceans, and lakes”, “that were or had been navigable in fact or which could reasonably be so made” but not “lands, wet or otherwise.” n A broad definition of federal wetlands would gut the traditional and statutory authority of states in the Clean Water Act to be the first or primary authority “to plan the development and use ... of land and water resources.” For several months, AIDEA has been studying the implications of the Sackett decision with legal and scientific experts. One of the key subject matter experts involved with developing the AIDEA JEM is Eddie Packee, Ph.D. Initial applications of AIDEA’s method for implementing Sackett have shown reductions of federal jurisdictional wetlands by 75 percent to 80 percent. This reduction of federal jurisdiction provides the state with oversight over wetlands and could eliminate federal bureaucratic red tape and forced payments of property owners to develop their own property. “By precisely defining federally designated wetlands, we have brought clarity to the bureaucratic process and reduced federal control statewide. This achievement is a significant win for property rights in Alaska,” said Alaska Gov. Mike Dunleavy. “JEM represents a significant step forward in our understanding and the ability to effectively manage permitting requirements. We are hopeful it will pave the way for more informed decisions in the realm of land management,” said Eddie Packee. To view a recent presentation of the JEM application, see the AIDEA website: www.aidea.org/Programs/ Infrastructure-Development-Resources — Tim Bradner
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