Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: BobL

In his concurrence in the water case, Thomas also writes that today’s opinion “curbs a serious expansion of federal authority that has simultaneously degraded States’ authority and diverted the Federal Government from its important role as guarantor of the Nation’s great commercial water highways into something resembling ‘a local zoning board.’”

And this should seriously restrict the EPA’s future ability to use the wetlands argument against property owners who want to develop that property.

“The court holds that the Clean Water Act applies only to wetlands that are “as a practical matter indistinguishable from waters of the United States.” Therefore, the party that wants the CWA to apply to adjacent wetlands must show that the adjacent body of water is a “water of the United States” — that is, “a relatively permeable body of water connected to traditional interstate navigable waters” — and that the wetland “has a continuous surface connection with that water, making it difficult to determine where the ‘water’ ends and the ‘wetland’ begins”


5 posted on 05/25/2023 9:05:12 AM PDT by CFW (old and retired)
[ Post Reply | Private Reply | To 2 | View Replies ]


To: CFW

It’s also a really good sign regarding the Chevron-related Case.


7 posted on 05/25/2023 9:07:09 AM PDT by BobL
[ Post Reply | Private Reply | To 5 | View Replies ]

To: CFW

in the water case:

split 5-4 on the court’s new test, which held that only wetlands that have a continuous surface connection to a body of water are covered by the law.

Conservative Justice Brett Kavanaugh sided with the court’s three liberals.


15 posted on 05/25/2023 9:24:09 AM PDT by Jeff Chandler (THE ISSUE IS NEVER THE ISSUE. THE REVOLUTION IS THE ISSUE.)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: CFW
And this should seriously restrict the EPA’s future ability to use the wetlands argument against property owners who want to develop that property.

With all due respect, sir, I believe you haven't been paying attention.

The EPA will behave just like New York. When the SCOTUS told New York State to stop denying permits, New York simply passed a series of laws making permits completely worthless.

The EPA will just find another angle to end-run the SCOTUS.

19 posted on 05/25/2023 9:28:13 AM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: CFW; Boogieman

i have to agree, seems like there is still a lot of room for abuse and wiggling by EPA and the Corpse of Engineers.

I think the word to be used is PERMANENT and not permeable? I’m not smart enough to understand if the word really is permeable.

If “relatively PERMANENT” does that mean the only when it rains a lot creek that runs into another similar creek that runs into a mostly but not always permanent creek that eventually becomes a permanent creek that runs into the Arkansas River that is a navigable waterway and the low ground adjacent to my creek that gets soggy when it is really a wet season is NOW NOT A WETLAND and never has been?

I must say, I don’t have confidence that I am to be left alone by the feral gooberment gendarmes.


58 posted on 05/25/2023 4:14:20 PM PDT by Sequoyah101 (Procrastination is just a form of defiance.)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: CFW; GOPJ

If we don’t get rid of dems holding the WH before Thomas and Alito retire or die, the future for the Constitution does not look good. Opinions like this make the dems even more desperate to take over SCOTUS.


59 posted on 05/25/2023 4:42:26 PM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: CFW

God bless and protect Justice Thomas!


69 posted on 05/26/2023 3:08:24 AM PDT by mn-bush-man
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson