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Numerous Supreme Court cases show that the Clean Water Act does not allow federal jurisdiction over isolated waterways.


Supreme Court cases evaluated EPA powers

Numerous Supreme Court cases show that the Clean Water Act does not allow federal jurisdiction over isolated waterways.

Key Supreme Court decisions against the federal government in cases involving the Clean Water Act have sparked a new round of guidelines by the agencies involved to define certain waterways.

One case involved John Rapanos, who drained and filled 22 acres of wetlands that were 20 miles away from ‚??waters of the United States‚?Ě in Michigan to build a shopping mall.

The government claimed it was a navigable waterway linked by a tributary and levied millions of dollars in fines. A lower court found Rapanos guilty of violating federal law and ordered him to pay $5,000 in fines and serve three years of probation.

The Supreme Court rejected the lower court‚??s decision in a 4-1-4 plurality in 2006 and determined that isolated wetlands were not considered ‚??waters of the United States.‚?Ě

Lawmakers say the new EPA guidelines use an overly broad interpretation of the Rapanos decision, and the effect would be that virtually all wet areas would connect in some way to navigable waters.

In the 2001 case involving the Solid Waste Agency of Northern Cook County (SWANCC) in Illinois, mining trenches that evolved into ponds ranging from a few feet to several acres used by migratory birds were deemed as protected waters.

The Supreme Court found in a 5-4 ruling that the Clean Water Act did not allow federal jurisdiction over these isolated waterways.

‚??The draft guidance ignores the SWANCC Court‚??s interpretation ‚?¶ and expands the definition of ‚??waters of the United States‚?? to include ditches and other upland ephemeral features that may flow, if at all, only during and for a short duration after rain events,‚?Ě lawmakers said.

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Audrey Hudson is an award-winning investigative journalist whose enterprise reporting has sparked numerous congressional investigations that led to laws signed by Presidents George W. Bush and Bill Clinton. She won the prestigious Sigma Delta Chi award for Public Service in 2009 for her report on dangerous drug experiments by the federal government on war veterans, which prompted internal investigations and needed reforms within the Veterans Affairs Department. The report also captured first place for investigative reporting by the Washington, D.C. chapter of the Society of Professional Journalists and was a finalist of the International Academy of Digital Arts and Sciences Webby Awards for news and politics. Her breaking stories have been picked up and followed by major news publications and periodicals, including Readers Digest, Washington Monthly, and The Weekly Standard, as well as The New York Times, Wall Street Journal, USA Today, and Washington Post. With nearly 20 years of experience in Washington as a newspaper reporter and as a Capitol Hill staffer for Western lawmakers, she will now lead Human Events‚?? coverage of energy and environmental issues. A native of Kentucky, Mrs. Hudson has worked inside the Beltway for nearly two decades -- on Capitol Hill as a Senate and House spokeswoman, and most recently at The Washington Times covering Congress, Homeland Security, and the Supreme Court. Audrey‚??s email is AHudson@EaglePub.Co