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The Price Of Successfully Challenging The Federal Interpretation Of The Clean Water Act
By Ronald A. Zumbrun, 1/15/2009 - In 2006 I wrote about the United States Supreme Court rendering its highly anticipated decision in John Rapanos v. United States. The issue was whether the term “waters of the United States” as used in the Clean Water Act included wetlands on private property not directly abutting navigable waters.
Of particular interest was the effect that the Court’s two newest members, Chief Justice John Roberts and Justice Samuel Alito, might have on the course of our nation––particularly in the area of private property rights.