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This Supreme Court Case Could Destroy Water Protections
Gizmodo ^ | Jan 26, 2022 | Molly Taft

Posted on 01/26/2022 5:44:44 PM PST by where's_the_Outrage?

The Supreme Court agreed this week to hear a case brought by two Idaho residents who have fought the Environmental Protection Agency for years over a wetland on their property. This isn’t just a simple case of some long-suffering landowners, though; it’s one that is backed by industry interests. And with the Court in an ultra-conservative phase, the case could totally reshape how waterways across the U.S. are protected from pollution.

“There’s a range of outcomes [to the case], all of which are bad,” said Dave Owen, a professor of environmental law at the University of Califonia, Hastings.

The case is centered around the Clean Water Act, a landmark piece of legislation passed in 1972 that regulates water pollution. Under the act, it’s illegal to pollute what it calls “navigable waters” without a permit. The act itself doesn’t define exactly what “navigable waters” are, though. In subsequent years, the term has generated a lot of debate and confusion. A lake is clearly navigable, but what about a wetland? Or a stream that disappears in the dry season but comes raging back with the rainy season?

Science, of course, increasingly shows that all kinds of waters—not just those visibly connected to lakes and streams—are crucial to maintaining water quality. “More and more scientists are realizing that the quality of water and level of flows in bigger waterways is determined to a large degree by what happens in the headwaters, what happens in those upstream streams and wetlands,” Owen said. “Treating them as not part of a larger waterway is like saying that leaves are not part of a tree.”

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: daveowen; landrights; mollytaft; overreach; property; waterways
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1 posted on 01/26/2022 5:44:44 PM PST by where's_the_Outrage?
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To: where's_the_Outrage?

The court is not in an ultra conservative stage.

What crapola.


2 posted on 01/26/2022 5:47:03 PM PST by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: where's_the_Outrage?
“There’s a range of outcomes [to the case], all of which are bad,” said Dave Owen, a professor of environmental law at the University of Califonia, Hastings.

That tells me that the government over-stepped its bounds in an egregious way and any halfway decent court will have no choice but to reign in the regulations.

3 posted on 01/26/2022 5:49:01 PM PST by ClearCase_guy ("If you see something, say something"? I see people dying from vaccines.)
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To: where's_the_Outrage?

“Science, of course” Of course!

It always cracks me up when the journalisiming gets this strong.


4 posted on 01/26/2022 5:52:28 PM PST by absalom01 (You should do your duty in all things. You cannot do more, and you should never wish to do less.)
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To: where's_the_Outrage?

“Science, of course” Of course!

It always cracks me up when the journalisiming gets this strong.


5 posted on 01/26/2022 5:52:32 PM PST by absalom01 (You should do your duty in all things. You cannot do more, and you should never wish to do less.)
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To: Secret Agent Man

Precisely.


6 posted on 01/26/2022 5:57:10 PM PST by sauropod (Whom the gods would destroy they first make mad. Life is risk, your highness.)
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To: where's_the_Outrage?

By “navigable waterways”, Congress never meant to allow the EPA authority to regulate every mudhole, cattle pond, and dry creek bed in the US.


7 posted on 01/26/2022 6:00:50 PM PST by Blood of Tyrants (Inside every liberal is a blood-thirsty fascist yearning to be free of current societal constraints.)
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To: where's_the_Outrage?
And thanks to the incredibly conservative makeup of the Supreme Court ...

LOL!

8 posted on 01/26/2022 6:04:11 PM PST by KevinB (''...and to the Banana Republic for which it stands ...")
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To: Blood of Tyrants

It is how the government takes your land and does not pay you....like the endangered species act....like New York State banning fracking..


9 posted on 01/26/2022 6:05:38 PM PST by Hojczyk
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To: where's_the_Outrage?

Well, guess what? They’re only interpreting two words in a law. If Congress wished to make it clearer, they have the power to do so.


10 posted on 01/26/2022 6:06:57 PM PST by proxy_user
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To: Blood of Tyrants

True. Have a wet year and get water in a low spot in your pasture. Ka -Ching! Wet land! Then the effing Feds show up like a bad STD. Oh yeah, just as hard to get rid of too. A lot in this law is bad. The FEDS make it worse.


11 posted on 01/26/2022 6:10:43 PM PST by Equine1952
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To: Blood of Tyrants

Fairy shrimp in the hoof prints


12 posted on 01/26/2022 6:16:54 PM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: where's_the_Outrage?

Don’t worry about the water shed, all the Liberal tears over this case will recharge the water shed with Unicorn H2O, which the Fairy Queen will bless for all creatures bid and small…..


13 posted on 01/26/2022 6:20:17 PM PST by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: Blood of Tyrants

By “navigable waterways”, Congress never meant to allow the EPA authority to regulate every mudhole, cattle pond, and dry creek bed in the US.


That depends upon who controlled Congress at that time, and who would benefit from the Act. (Never underestimate the corruption in government; if nothing else, it helped contribute to a whole bunch of new bureaucrats, which is never a good thing.)


14 posted on 01/26/2022 6:20:33 PM PST by Flaming Conservative ((Pray without ceasing))
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To: where's_the_Outrage?
It would be great to overturn this over reaching regulation.

I believe it will allow common sense to prevail.

15 posted on 01/26/2022 6:22:31 PM PST by G Larry (The "Racism" charge is code for "No Intelligent Argument")
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To: Secret Agent Man

It’s bias and propaganda, all day, every day. When the game of Cowboys and demo-commies starts, the media should be the first demo-commies in the game.


16 posted on 01/26/2022 6:27:00 PM PST by curious7
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To: where's_the_Outrage?
The issue is never the issue.

The Revolution is always the issue.

17 posted on 01/26/2022 6:30:04 PM PST by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: where's_the_Outrage?

Trump rolled back WOTUS provisions. Too bad Congress couldn’t pass a law banning the largest Federal land grab in history h/t Zippy Duval


18 posted on 01/26/2022 6:34:55 PM PST by griswold3 (When chaos serves the State, the State will encourage chaos)
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To: KevinB

Well at least the author didn’t the Romneyesque description “severely conservative” for the USSC.


19 posted on 01/26/2022 6:35:13 PM PST by princeofdarkness (HONEST officials should never oppose an election audit. If they do, then they are NOT HONEST.)
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To: KevinB

Well at least the author didn’t use the Romneyesque description “severely conservative” for the USSC.


20 posted on 01/26/2022 6:35:37 PM PST by princeofdarkness (HONEST officials should never oppose an election audit. If they do, then they are NOT HONEST.)
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