U.S. Supreme Court Rules in Clean Water Cases

Media Contacts

Congress Must Reaffirm Original Intent of Clean Water Act

The U.S. Supreme Court issued a split decision today in two Clean Water Act cases, Rapanos v. United States and Carabell v. Army Corps of Engineers.

“It’s hard out here for a fish,” said Luke Metzger, Advocate for Environment Texas. “The U.S. Supreme Court’s decision opens the door for polluters and developers to continue to attack longstanding Clean Water Act protections.”

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 future generations are able to fish, boat and swim in America’s waterways, we must safeguard all of our waters from backyard streams to the Gulf of Mexico,” continued Metzger. “Based on today’s Court decision, Congress should move swiftly to reaffirm the original intent of the Clean Water Act 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 the broad scope of Clean Water Act protections as originally intended by Congress.  In Texas, Representatives Lloyd Doggett, Charles Gonzalez, Eddie Bernice Johnson and Sheila Jackson Lee have co-sponsored the legislation.

“Now, it is more important than ever for Congress to pass the Clean Water Authority Restoration Act,” said Metzger.