SCOTUS sinks Clean Water Act protection for 51% of U.S. waters

'Wetlands that are separate from traditional navigable waters cannot be considered part of those waters.'

A Supreme Court ruling that on its face just allows an Idaho couple to build a home near a lake goes in fact much further than that, eliminating Clean Water Act (CWA) coverage to 51% of previously protected U.S. wetlands.

“Wetlands that are separate from traditional navigable waters cannot be considered part of those waters, even if they are located nearby,” Justice Samuel Alito wrote in the majority opinion.

“In addition, it would be odd indeed if Congress had tucked an important expansion to the reach of the CWA into convoluted language in a relatively obscure provision concerning state permitting programs.”

In this case, a road bisects the wetlands in question, and the house was going in on the part of the wetlands cut off from the rest. The Court ruled that the Clean Water Act’s jurisdiction ended at the road. The water has to be visible and contiguous to be covered by the law.