The Supreme Court weakens a landmark water pollution law by ruling that an Idaho couple's property does not fall under jurisdiction of the 1972 Clean Water Act, so the couple does not require a federal permit to build on the property.
on Thursday significantly weakened a landmark water pollution law by ruling that an Idaho couple's property does not include wetlands subject to federal oversight under the law.
The ruling is another example of the court's conservative justices powering a decision that curbs broad power of federal agencies, a consistent theme in recent years. The impact will be felt nationwide, with environmental groups saying millions of acres of wetlands will no longer be under federal jurisdiction. Unless states move to strengthen their own environmental laws, property owners will have considerable freedom to fill in wetlands without going through the federal permitting process previously required.
In a separate opinion, liberal Justice Elena Kagan took aim at the majority for rewriting a statute that Congress had enacted. She compared the ruling with the court's decision"The vice in both instances is the same: the court's appointment of itself as the national decision-maker on environmental policy," she said.the justices ruled in their favor in an earlier case in 2012
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