'Murky' Supreme Court Decision Limits Clean Water Act

Major environmental decision by the U.S. Supreme Court could limit the federal government's protection of wetlands.

1 minute read

June 20, 2006, 2:00 PM PDT

By Abhijeet Chavan @http://twitter.com/legalaidtech


"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."

Tuesday, June 20, 2006 in The San Francisco Chronicle

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