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Supreme Court Can and Should Resolve ‘Waters of the United States’ Issue

Darren Bakst writes in The Daily Signal that the Supreme Court should resolve WOTUS.

The C3 Take
  • For decades there has been confusion surrounding the waters of the United States (WOTUS) provision under the Clean Water Act which clarifies what waters the EPA and Army of Corps of Engineers have jurisdiction over.
  • The lack of clarity has burdened property owners, especially in rural areas, and added regulatory hurdles that they must complete.
  • The Supreme Court should resolve WOTUS by clarifying the federal government’s jurisdiction for waters in the United States in a way that protects private property rights.

“By clarifying that the standard for WOTUS, including wetlands, should be based on Scalia’s plurality opinion in Rapanos, the Supreme Court will ensure that the agencies have the clear guidance they need to develop a WOTUS regulatory definition that does properly reflect Supreme Court decisions, the Clean Water Act, and the Constitution. Absent this, there will be continued confusion.”

Read the full article here.

The views and opinions expressed are those of the author’s and do not necessarily reflect the official policy or position of C3.

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