Clean Water Act
The U.S. Supreme Court agreed Tuesday to decide whether to curb federal regulators' power to protect wetlands whose waters flow into distant rivers or lakes, an issue that has served as a flash point in battles over the environment and the rights of property owners.
Most lower courts have ruled that the federal Clean Water Act, which allows the government to prevent pollution of navigable waters, applies to the filling of small wetlands connected to larger waterways.
But the high court granted review Tuesday of appeals by property owners and businesses in three cases that could end federal control of thousands of small marshes and ponds. The ruling, due by next summer, will address a question the court left unanswered in 2001 when it rejected federal authority over wetlands that were used by migratory birds but were isolated from navigable rivers and lakes.
October 13, 2005 6:37 AM | Category: Cleanup