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Supreme
Court Limits On January 9, the U.S. Supreme Court, in a 5-4 decision, ruled that isolated wetlands not contiguous with other bodies of water lie beyond the powers that Congress had intended to delegate to federal authority in the Clean Water Act. Thus, the Court affirmed that the Army Corps of Engineers may not override state authority in regulating them. Although it may have important consequences for land management options, the decision is narrow in nature, being an interpretation of Congress's intent, rather than a rebuttal of the federal government's right to regulate wetlands on the basis of its authority over interstate commerce. Based on that nuance, outgoing Interior Secretary Bruce Babbitt immediately called on Congress to amend the Clean Water Act to restore the basis of the previous interpretation. Meanwhile, on January 24, the Environmental News Service reported that the Corps's interpretation of the Supreme Court ruling is still quite broad. Apparently, the Corps still believes it has jurisdiction "if it is shown that a waterbody could be used for interstate commerce such as hunting, fishing or bird watching." Return to Public Policy Archive Forest Resources Association
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