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Supreme Court Moves Toward Rolling Back Clean Water Act

HeadlineJun 20, 2006

The U.S. Supreme Court has moved a step closer to rolling back the Clean Water Act. A divided court said the landmark 1972 law should only apply to wetlands with a close connection to a river, lake or some other major waterway. The court was split three ways. Four justices — led by Antonin Scalia — argued to sharply restrict the definition of wetlands. Four justices argued for upholding the law as is. And in the middle was Justice Anthony Kennedy who argued the law may have been misinterpreted but he upheld federal control over most wetlands. Kennedy argued that Justice Scalia’s opinion was unduly dismissive of the importance of wetlands. Kennedy went on to say Scalia’s view was “inconsistent with the text, structure and purpose” of the Clean Water Act.

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