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Supreme Court limits Clean Water Act for wetlands.


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Writing for the court majority, Justice Samuel Alito said that the navigable waters of the United States regulated by the EPA under the statute do not include many previously regulated wetlands. Rather, he said, the CWA extends to only streams, oceans, rivers and lakes, and those wetlands with a "continuous surface connection to those bodies."

 

The waters in question were not directly adjacent to normal rivers and streams covered in the "Waters of the United States" law, but rather the wetlands between those adjacent wetlands and dry land. It's not great. I don't know yet how this will impact what I do (water treatment) but I know a lot of smart people are going to be lobbying to get this reversed. 

  • Halal 1
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I don’t think most people want the executive to be able to decide that a law passed by the legislative branch which doesn’t give a particular authority to the executive should still give them that authority just because the executive wants to do that other thing. The law in question doesn’t appear to allow for the executive to do what it was doing in the case at hand, even though you might argue it would be good for it to have that ability.

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23 hours ago, mclumber1 said:

This was a big win for anyone who values reducing the power of the executive branch.  If the EPA thinks stuff like this should be regulated, then the administrator should lobby Congress to update the law.

Pedantics. I need youse on your side of the fence when it comes to water as long as possible.

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