Clean Water Act Reach Limited: U.S. Supreme Court Overview

Bloomberg reports:

June 19 (Bloomberg) -- The U.S. Supreme Court limited the reach of the Clean Water Act, saying it applies only to wetlands with a close connection to a river, lake or some other major waterway.

The justices, voting 5-4, ordered a new round of hearings for two sets of Michigan landowners whose efforts to build on their property have been stymied by the U.S. Army Corps of Engineers. The majority was divided in its reasoning, with Justice Anthony Kennedy refusing to join four other justices in putting even more restraints on the federal regulators.

Kennedy's separate opinion now becomes the controlling law. He established a new test, saying the Corps can regulate only wetlands that have a ``significant nexus'' to a major waterway. He also said that in both cases before the justices, the Corps had at least some evidence of that type of connection.

Kennedy's reasoning drew criticism from both ends of the court. Justice Antonin Scalia called Kennedy's test ``opaque'' and said it ``tips a wink at the agency, inviting it to try its same expansive reading again.''

Chief Justice John G. Roberts Jr. and Justices Samuel Alito and Clarence Thomas joined Scalia's opinion. The case marked the first environmental test for the court's newest justices, Roberts and Alito.

The struggle for property rights carries on.