Supreme Court weakens EPA power to enforce Clean Water Act
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The Supreme Court on Thursday cut back the power of the Environmental Protection Agency to regulate the nation’s wetlands and waterways, another setback for the agency’s authority to combat pollution.
At issue was the reach of the landmark 51-year-old Clean Water Act and how courts should determine what count as “waters of the United States” under protection of the law. Nearly two decades ago, the court ruled that wetlands are protected by the Clean Water Act if they have a “significant nexus” to regulated waters. Property rights and business groups wanted to narrow regulations to wetlands and other areas directly connected to “navigable waters” such as rivers and lakes.
Justice Samuel A. Alito Jr., writing for the majority in the 5-4 opinion, said the EPA’s interpretation of its powers went too far.
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