The Supreme Court has curtailed the EPA’s ability to regulate certain wetlands that qualify as U.S. waters under the Clean Water Act.
— The Supreme Court on Thursday curtailed the Environmental Protection Agency's authority to regulate certain wetlands that qualify as"waters of the United States" under the Clean Water Act, curbing what has long been seen as a key tool to protect waterways from pollution.
The Supreme Court's ruling reverses a decision by the U.S. Court of Appeals for the 9th Circuit, which sided with the EPA. By narrowing the scope of Clean Water Act, Kavanaugh warned some long-regulated wetlands will no longer be covered by the law, which will have"significant repercussions for water quality and flood control" throughout the nation.would not be subject to regulation under the Clean Water Act, Kavanaugh said, and federal protection of the Chesapeake Bay"might be less effective if fill can be dumped into wetlands that are adjacent to the bay and its covered tributaries.
That dispute involved the Clean Air Act, and the Supreme Court now has addressed the EPA's authority under the Clean Water Act, which regulates discharges of pollutants into what the law defines as"waters of the United States." Under regulations issued by the U.S. Army Corps of Engineers,"waters of the United States" is defined to include"wetlands" that are"adjacent" to traditional navigable waters.
The agency moved to dismiss the suit, and a federal district court in Idaho granted the request. The U.S. Court of Appeals for the 9th Circuit affirmed, but the Supreme Court revived the suit and sent the dispute back to the lower courts.
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