The
U.S. Supreme Court issued a split decision today in two Clean Water Act
cases, Rapanos v. United States and Carabell v. Army Corps of
Engineers.
“It’s
hard out here for a fish,” said Christy Leavitt, U.S. PIRG Clean Water
Advocate. “The Supreme Court’s decision opens the door for polluters
and developers to continue to attack longstanding Clean Water Act
protections. Today’s split decision makes it more important than ever
for Congress to reaffirm the broad scope of the Clean Water Act’s
protections.”
In
the two cases, developers in Michigan sought to destroy wetlands for
construction projects, a shopping center in Rapanos and a condominium
complex in Carabell. The Justices ruled 5-4 to return the cases to the
Sixth Circuit Court of Appeals for further proceedings. The Justices
wrote five opinions, none of which received a majority support. Five
Justices rejected Justice Scalia’s opinion that the Clean Water Act is
limited to waterways that are “permanent, standing or continuously
flowing bodies of water,” and excludes protection for waters that are
intermittent and ephemeral, which flow for part of the year.
“To
ensure that future generations are able to fish, boat and swim in
America’s waterways, we must safeguard all of our waters from backyard
streams to the Mississippi River,” said Leavitt. “After today’s split
Court decision, Congress should act swiftly to reaffirm its original
intent in passing the Clean Water Act to protect all waters in the U.S.”
The
Clean Water Authority Restoration Act (H.R. 1356 and S. 912), sponsored
by Representatives Oberstar (D-MN), Leach (R-IA), Dingell (D-MI) and
Boehlert (R-NY) and 155 other members in the House and Senator Feingold
(D-WI) and 14 other Senators in the Senate, would reaffirm the broad
scope of Clean Water Act protections as originally intended by
Congress.
“It
is now more important than ever for Congress to pass the Clean Water
Authority Restoration Act,” concluded Leavitt. “We urge all Senators
and Representatives support this important legislation.”
