A Michigan wetlands case will be a measure of the new Roberts Court and its views on federalism and the environment.
U.S. Supreme Court takes up environmental cases
WASHINGTON (AP) -- The Supreme Court said Tuesday it will consider restricting the government's authority to regulate wetlands, an issue important for environmentalists and developers.
Justices, jumping into an issue that they previously had ignored, will take up claims that federal regulators have gone too far by restricting development of property that is miles away from any river or waterway.
Bush administration lawyer Paul Clement said that the government has long-standing power to protect waterways.
In one of three cases that justices will hear next year, a Michigan man, John A. Rapanos, was convicted of violating the Clean Water Act for filling his wetlands with sand to make the land ready for development.
The cases are Rapanos v. United States, 04-1034, Carabell v. Army Corps of Engineers, 04-1384, and S.D. Warren Co. v. ME Board of Environmental Protection, 04-1527.
More on Rapanos:
Rapanos wanted to build a shopping mall on his property. Before building, he called the DEQ’s predecessor agency, the Department of Natural Resources (DNR), to discuss wetlands issues on his property. After inspecting the property, the DNR told Rapanos it contained regulated wetlands, and that he should hire a wetlands consultant to confirm and map the wetlands. Rapanos did hire a private wetlands consultant. Rapanos’ own consultant likewise concluded that the property contained over 50 acres of regulated wetlands.
Rapanos had a right under law to apply to the DNR for a permit to fill in his wetlands and build on them. He decided not to apply for a permit, and just started filling in the wetlands
http://www.detnews.com/2004/editorial/0406/05/a10-173063.htm
Posted by Dave at October 11, 2005 09:53 AM