Many Wrestling With Court's Wetlands Ruling

摘要

The Supreme Court's June 19 decision on wetlands cases didn't map limits of federal regulatory authority as clearly as many hoped. Now agencies, courts, contractors and environmental groups are struggling with how to interpret the ruling. In two consolidated cases, Rapanos v. U.S. and Carabell v. U.S. Army Corps of Engineers, the justices produced five opinions, but none had support from more than four justices, one short of a majority. The key opinion was by Associate Justice Anthony Kennedy, who agreed with four conservative colleagues that the case should be sent back to lower courts. Echoing a 2001 ruling, Kennedy also said that a wetland must have a "significant nexus to navigable waters" to be suhject to the federal Clean Water Act.