Scalia’s opinion in that 2006 case held that the term “waters of the United States” can refer only to “relatively permanent, standing, or flowing bodies of water,” and “does not include channels through which water flows intermittently or ephemerally or channels that periodically provide drainage for rainfall.
, urging the Supreme Court to adopt Scalia’s opinion and offer much-needed clarity on how to define waters of the United States. In doing so last week, the court has provided agencies with the necessary tools to develop a regulatory framework for waters of the United States that properly reflects Supreme Court decisions, the Clean Water Act, and the Constitution.
that revised the definition of waters of the United States and wrongfully expanded the regulatory authority of the EPA and Army Corps of Engineers over U.S. waters.body of water imaginable The new Supreme Court ruling also carries weight for many Americans, since it returns regulatory, decision-making power over wetlands and waterways back to the states and private property owners, just as theBecause states and localities are closest to issues such as water pollution, they should be the ones determining the process and tailoring policies to address those problems—not federal bureaucrats in Washington.
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