Supreme Court Decision Complicates Wetland Law
June 20th, 2006 by Sean FlynnIn a 5-4 vote in the case Rapanos v. United States, a highly divided Supreme Court muddied the laws on wetland protection.ÂÂ
Michigan resident John Rapanos argued that the EPA could not use the Clean Water Act (CWA) to establish jurisdiction over his property. The government argued that because water drained through his land, the EPA was justified in regulating it.
In the decision, the court ruled that the government may have interpreted the CWA too broadly and overstepped its jursidiction by regulating Rapanos’ land. Cato calls this a victory for property rights, but don’t get too excited. In failing to reach a consensus on exactly how far the government’s jurisdiction reaches, the court left the door open for more regulation and similar cases in the future. This split has left some interpreting the decision as a victory for federal regulation, as it does not explicity deny the EPA’s claim that wetlands can be regulated under the CWA.
In the end, this ruling simply complicates an already vague set of laws and leaves the lower courts to reach case-by-case conclusions. ÂÂ
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September 25th, 2006 at 8:03 pm
Are we free? I understand the need to protect waterways; however, to do what the Conservationist in Bedford, MA is doing to me is unethical.
The Supreme Court has not addressed the average landowners problem with wetland laws.
I purchased a house in Bedford, MA last year on 1/2 acre. Before purchasing the property I looked at the wetland map. It was clear of wetlands; however, 75′ across the street was wetlands. When I applied for a permit, I thought it would be easy to put on an addition to our house. The conservationist came by and declared a 10-foot by 25-foot strip of land on my side of the road as wetland and said I would have to pay a specialist to prove her wrong. Even though the maps do not show wetlands, the conservationist in this town has the power to declare rock wetlands…. What can I do? She is making my life miserable.
Oh…I dug down about 2 feet and hit pure sand. What a crock.
Sincerely,
One disgruntled homeowner.