Environmental
Aug. 7, 2009
Stream of Consciousness
A Senate bill declares that the Clean Water Act is intended to cover even small and intermittent streams, writes Norman A. Dupont.
Even by its own standards, the Supreme Court's decision interpreting the jurisdictional limits of the Clean Water Act, Rapanos v. U.S., 554 U.S. 715 (2006), was a fractured opinion that left more questions than it answered. Four members of the court, in Justice Anthony Scalia's plurality opinion, sought to limit the Clean Water Act's definition of "navigable waters" to those that were navigable in the most traditi...
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