Seal of the United States Supreme Court. United States Army Corps of Engineers, et al. Wetlands without a hydrological or ecological connection to other navigable waters do not fall is 2062 standard 2006 pdf download the jurisdiction of the Clean Water Act.
The Supreme Court heard the case on February 21, 2006 and issued a decision on June 19, 2006. The case was remanded to the lower court. 1,000,000 settlement with the EPA without admitting to any wrongdoing. The case involves developers John A. June Carabell whose separate projects were stopped because of the environmental regulations that make up the Clean Water Act. He argued that the land was not a wetland and that he was not breaking the law, but his own consultant and state employees disagreed. After a mistrial, the jury returned two felony guilty verdicts for filling wetlands in Rapanos’ second trial.
Rapanos appealed the civil case against him, which included millions of dollars of fines, to the Supreme Court. Carabell took the issue to the courts by arguing that the federal government did not have jurisdiction. Carabell then appealed to the Supreme Court. Solid Waste Agency of Northern Cook County v. The justices were unable to produce a majority decision.
Four justices voted to affirm. Four justices voted to vacate, to strike down the Corps interpretation of the CWA, and to remand under a new “continuous surface water connection” standard. Justice Kennedy also voted to vacate and remand but under the different, “significant nexus,” standard. The Court voted 4-1-4, with three justices making oral readings at the opinion announcement, and five printed opinions spanning over 100 pages. Both cases were remanded “for further proceedings.
Justice Scalia began his analysis by arguing that the Corps “exercises the discretion of an enlightened despot” and quoted factors it used when choosing to exercise jurisdiction, such as “aesthetics” and “in general, the needs and welfare of the people. 271,596 on an application and that “for backfilling his own wet fields,” Rapanos faced 63 months in prison. Justice Scalia argued the “immense expansion of federal regulation” over “swampy lands” would give the Corps jurisdiction over “half of Alaska and an area the size of California in the lower 48 States. Therefore, he suggested the Corps regulations of intermittent streams were “useful oxymora.