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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.
“The U.S. Supreme Court’s decision opens the door for polluters and developers to continue to attack longstanding Clean Water Act protections,” stated Diane E. Brown, Executive Director of the Arizona Public Interest Research Group (Arizona PIRG).
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 review. The Justices wrote five separate opinions, none of which received a majority support.
“To ensure future generations are able to fish, boat and swim in America’s waterways, we must safeguard all of our waters including backyard streams and multi-state rivers,” continued Brown. “Based on today’s Court decision, Congress should move swiftly to reaffirm the original intent of the Clean Water Act to protect all waters in the U.S.”
The Clean Water Authority Restoration Act (H.R. 1356 and S. 912) would reaffirm the broad scope of Clean Water Act protections as originally intended by Congress.
