In
its first major environmental decision since the addition of Justices
Roberts and Alito, the U.S. Supreme Court issued a split decision today
covering two Clean Water Act cases, Rapanos v. United States and
Carabell v. Army Corps of Engineers.
The
cases addressed which waters are covered by the Clean Water Act,
specifically whether the Act covers streams that only have water in
them intermittently, as do many western streams, and channels that
provide drainage for rainfall, but only periodically.
Despite
the fact that these types of waterways are ultimately connected to and
drain to larger waterways, such as the Colorado River, the court held
they are not protected by the Clean Water Act.
“By
withdrawing these protections, the Court has given polluters the green
light to pollute these waterways, and ultimately larger waterbodies, at
will,” said Stephanie Thomas, Environment Colorado Advocate.
In
the two cases, developers in Michigan sought to destroy wetlands for
construction projects, a shopping center in Rapanos and a condominium
complex in Carabell. The Justices ruled 5-4 to return the cases to the
Sixth Circuit Court of Appeals for further review. The Justices wrote
five separate opinions, none of which received a majority support.
“To
ensure that future generations are able to fish, boat and swim safely
in America’s waterways, we must safeguard all of our waters, from
streams that trickle to rivers that sometimes roar, like the Colorado
River,” continued Thomas. “In the wake of today’s Court decision,
Congress should move swiftly to make it clear that the original intent
of the Clean Water Act is to protect all waters in the U.S.”
The
Clean Water Authority Restoration Act (H.R. 1356 and S. 912), which has
been introduced by Representatives James Oberstar (D-MN), Jim Leach
(R-IA), John Dingell (D-MI) and Sherwood Boehlert (R-NY) in the House
and Senator Russ Feingold (D-WI) in the Senate, would reaffirm that the
intent of Congress in enacting the Clean Water Act was to protect all
waters of the U.S.
“After
this decision, it is more important than ever for Congress to pass the
Clean Water Authority Restoration Act,” said Ms. Thomas. “We strongly
urge Senators Allard and Salazar to support this important
legislation.”
