Major environmental decision by the U.S. Supreme Court could limit the federal government's protection of wetlands.
"In the middle was Justice Anthony Kennedy, whose opinion -- joined by no other justice -- now becomes the law of the land, the standard for regulating 100 million acres of wetlands.
Kennedy said only wetlands that have a 'significant nexus' to navigable waters, such as rivers and lakes, fall within federal authority. That means, he said, that the government can protect wetlands if polluted water from a ditch or pond would flow into the larger waterway, or if the wetlands protect a river or lake by providing a filter against pollutants or a buffer against floods...
While advocates disagreed on its impact -- a property-rights lawyer and an environmentalist issued qualified declarations of victory, and other environmental groups expressed concern -- all sides agreed that the court's uncertain standard invites more lawsuits."
FULL STORY: International Herald Tribune: Clean Water Act needs redefinition, justices rule
Planetizen Federal Action Tracker
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