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Supreme Court Deals Blow to EPA’s Power To Regulate Waters

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The U.S. Supreme Court on Thursday put another dent in the regulatory reach of the Environmental Protection Agency, ruling in favor of an Idaho couple in their long-running bid to build a home on property that the EPA had deemed a protected wetland under a landmark federal anti-pollution law.
The justices in a 9-0 decision overturned a lower court’s ruling against the couple, Chantell and Mike Sackett, that had upheld the EPA’s determination that their property near a lake contained wetlands protected by the Clean Water Act of 1972. Though the justices unanimously agreed to reverse the lower court’s decision, they differed in their reasoning for doing so.
The ruling marked the latest instance of the court backing a challenge to the scope of the EPA’s ability to regulate in the environmental arena under existing law. In a 6-3 ruling last June powered by its conservative justices, the court imposed limits on the EPA’s authority to issue sweeping regulations involving greenhouse gas emissions from existing coal- and gas-fired power plants under a different environmental law, the Clean Air Act.
The case decided on Thursday stemmed from the Sacketts‘ purchase in 2004 of an undeveloped plot of land about 300 feet (90 meters) from Priest Lake, one of the largest lakes in Idaho, near the U.S.-Canada border. In 2007, the couple began preparing construction of a home on it.

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