In a prior post discussing the impact of the Supreme Court’s rulings limiting federal jurisdiction over waterways, I discussed how state’s may feel increasing pressure to fill the gaps in federal authority. A recent article in the Boston Globe on diminished EPA enforcement suggests the states are probably dusting off their legal theories as we speak.
Narrowing Federal Jurisdiction Over Waterways
The USA Today did a story on the huge debate taking place over the limits of federal jurisdiction over waterways. The debate ensued in the aftermath of two major Supreme Court cases dealing with federal jurisdiction over wetlands.
Early on the focus after Rapanos and SWANCC was which wetlands would receive federal protection. Now, after a series