June 19, 2006
Supreme Court Decision on Scope of Federal Wetlands Regulations
The Supreme Court decided the Rapanos case today. Justice Scalia's plurality opinion held that the Clean Water Act does not extend to areas, like drainage ditches, where waters are not permanent. Justice Kennedy's concurrence may turn out to be the key opinion in the case. Good discussions of the case are available at Scotusblog (here, here and here), the Volokh Conspiracy, and The Pacific Legal Foundation's Rapanos Blog.
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After reading Justice Scalia's opinion, I would hope for future cases that he perhaps spend more time reading Hydrology textbooks than the dictionary! His over-emphasis on the dictionary definitions for hydrologcial concepts is, frankly, embarassing.
Posted by: Kurt Paulsen | Jun 21, 2006 2:07:46 PM