Monday, June 19, 2006
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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