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Supreme Court Limits Federal Power Over Wetlands, Boosts Property Rights Over Clean Water

Friday, June 2, 2023   (0 Comments)

The Supreme Court on Thursday made it harder for the federal government to police water pollution in a decision that strips protections from wetlands that are isolated from larger bodies of water. 

It's the second decision in as many years in which a conservative majority of the court narrowed the reach of environmental regulations

The justices boosted property rights over concerns about clean water in a ruling in favor of an Idaho couple who sought to build a house near Priest Lake in the state's panhandle. Chantell and Michael Sackett objected when federal officials identified a soggy portion of the property as a wetlands that required them to get a permit before building. 

By a 5-4 vote, the court said in an opinion by Justice Samuel Alito that wetlands can only be regulated under the Clean Water Act if they have a "continuous surface connection" to larger, regulated bodies of water. There is no such connection on the Sacketts' property. Read more...


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