The nine justices on the Supreme Court dealt another blow to the administrative state Thursday with a ruling that narrows the scope of the Environmental Protection Agency’s (EPA) authority under the Clean Water Act.
In the court’s 5-4 decision, the conservative majority limited the definition of federal waterways that fall under the purview of the EPA to enforce the law as wetlands with a continuous surface water connection to larger streams, lakes, and rivers. Federal agencies and deep-pocket environmental groups have abused the vague terms of the 1972 water law for years to bring a halt to projects opposed by bureaucrats and radical conservationists.
“The uncertain meaning of ‘the waters of the United States’ has been a persistent problem, sparking decades of agency action and
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