Is the Farm Pond Exemption Being Abused?

Under the 1977 Amendments to the Clean Water Act, some farm ponds are exempt from § 404 permits. The author explores the relevant case law for clarity on what types of farm ponds fit the criteria, whether the exemption is being abused, and offers guidance on navigating the administration of the exemption, which is shared between the U.S. Army Corps of Engineers and the Natural Resources Conservation Service.