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Precedential US Supreme Court Ruling on the Clean Water Act

posted 9 months ago

The Supreme Court has resurrected Justice Scalia’s narrow interpretation of “waters of the United States” and has rejected Justice Kennedy’s broader interpretation, thereby dooming the EPA’s recent Clean Water Act Rule as it applies to “adjacent” wetlands.

Simply put, this is a return to the Trump CWA Rule and a rejection of the Biden Rule.

In a subsequent post, I will address the significance of this ruling in detail, but the fact the landowner faced possible criminal penalties appears to have influenced the Justices, even as they also disagreed on the proper scope of the federal authority over wetlands.




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