IT’S UNANIMOUS: Supreme Court Ruling Throttles Obama Environmental AgendaPosted: June 1, 2016
Natalie Johnson reports: The Supreme Court ruled Tuesday that landowners can appeal to a federal court when the government subjects their property to wetlands
regulations requiring additional permits.
“For more than 40 years, millions of landowners nationwide have had no meaningful way to challenge wrongful application of the federal Clean Water Act to their land.”
The unanimous ruling determined that the Clean Water Act “imposes substantial criminal and civil penalties for discharging any pollutant into waters” covered by federal regulations without a permit from the U.S. Army Corps of Engineers.
“They have been put at the mercy of the government because land covered by the Act is subject to complete federal control. This victory guarantees the rights of millions of property owners.”
— Principal Attorney M. Reed Hopper
The decision could weaken the Obama administration’s environmental agenda.
The Corps is in charge of assessing whether a landowner’s property contains “waters of the United States” or “navigable waters,” which are protected under the Clean Water Act. If officials decide that those waters fall under federal protections, the government will issue property owners jurisdiction determinations, which require individuals to obtain permits to use their own wetlands….(read more)
The Hill reported:
The key dispute in the Supreme Court’s case was whether a jurisdictional determination carries legal consequences, a necessary component in order for the decision to be a “final” agency action. The Obama administration argued that…(read more)
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