Supreme Court Declines Pollution Case, Ignores Claim Of Confusion Over Rapanos

摘要

The U.S. Supreme Court Dec. 1 declined a request from the Justice Department to clarify recent confusion over the definition of 'waters of the United States' in Clean Water Act prosecutions (United States v. McWane, Inc., U.S., No. 08-223, 12/01/08).rnSpecifically, the Supreme Court rejected the government's request to take a second look at the dismissal by the U.S. Court of Appeals for the Eleventh Circuit of criminal convictions under the act in water pollution cases.rnThe appeals court in October 2007 reversed the convictions of McWane Inc. and executives James Delk and Michael Devine, saying the government had not established 'waters of the United States' were at issue (United States v. Robison, 505 F.3d 1208, 65 ERC 1385 (11th Cir. 2007); 38 ER 2293, 10/26/07).