The Washington Times
  • Subscribe
  • Times News Services
  • RSS
  • Mobile Headlines
  • e-edition
  • E-MAIL ALERTS
  • REGISTER
  • LOG IN
  • E-MAIL ALERTS
  • WELCOME
  • Your Profile
  • Log Out
  • Front Page Image
  • Classifieds
  • Autos
  • Real Estate
  • Jobs
  • Special Sections
  • Customer Service
  • Home
  • News
  • Opinion
  • Sports
    • NFL
    • NBA/WNBA
    • MLB
    • NHL
    • Tennis
    • Golf
    • Motorsports
    • Soccer
    • NCAA
    • Olympics
    • Outdoors
    • Other
  • Culture
    • Home & Living
    • Family & Kids
    • Fashion
    • Food
    • Travel
    • Health
    • Washington Visitors
    • Books
    • Military History
    • Life
    • Auto
    • TV Listings
    • Movie Listings
    • Death Notices
    • Entertainment
  • Themes
  • Communities
  • Marketplace
    • Autos
    • Jobs
    • Real Estate
    • Classifieds
    • Shopping
    • Dining Out
    • Education
    • TWT Store
  • Videos
    • Two Guys
    • Birnbaum on Washington
    • Liz Glover
    • Amanda Carpenter
    • Morning Briefing
    • Documentaries
    • Joe Giganti
    • Video Game Minute
  • Podcasts
    • About Headlines
    • Audio and Radio
    • America's Morning News
  • Security

    Obama said to want revised Afghan options

  • Politics

    Bush warns of threats to freedom, economic growth

  • National

    Fort Hood shooting suspect charged with murder

  • Politics

    Obama has fences to mend on Japan trip

  • Business

    Obama calls for jobs forum in December

  • National

    HOLMES: Miscalculating engagement

  • National

    NORRIS: The Senate and the START treaty

Monday, June 19, 2006

Court favors builders in wetlands dispute

Rate this story

Average 0.00
after 0 votes
Login or register to rate this story

  • Font Size -+
  • Print
  • Email
  • Comment
  • Tweet this!
  • Share
  • Article
  • Comments ()
  • Click-2-Listen
  • Videos

More Stories

  • Obama orders review of Hasan intelligence
  • Lawyer: Balloon boy parents to plead guilty
  • Ida's downpours swamp Mid-Atlantic coast
  • Swift wins entertainer of year award

By

The U.S. Supreme Court voted 5-4 yesterday in favor of two Michigan property owners who were stopped from building a shopping mall and condos on wetlands they own when the U.S. Army Corps of Engineers invoked Clean Water Act provisions against them.

The decision, in a setback for environmentalists, could make it easier for real estate development near waterways.

In the first major environmental ruling for Chief Justice John G. Roberts Jr., the Supreme Court sent the case back to lower courts to decide whether the wetlands had a "nexus" with nearby Lake St. Clair that would give them Clean Water Act protection.

The regulators apparently misinterpreted the Clean Water Act by forbidding the property owners to backfill wetlands only marginally connected to the lake, the court said.

The court's opinion said navigable waters protected from backfill under the Clean Water Act are streams, oceans, rivers and lakes "forming geographic features."

However, in a separate 5-4 vote, the court refused to block the government from restricting access on wetlands near major bodies of water.

The ruling leaves the decision on which wetlands are connected to waterways up to administrative agencies and lower federal courts.

Chief Justice Roberts said uncertainties in the ruling about what constitutes a "navigable waterway" mean "lower courts and regulated entities will now have to feel their way on a case-by-case basis."

The votes split along ideological lines with conservatives preferring to clear the way for land development, while the liberals wanted to give the Army Corps of Engineers broad authority to limit activity that could trample wetlands.

The conservatives were led by Justice Antonin Scalia, who wrote the opinion that voided lower court rulings against developers Keith Carabell and John Rapanos. They wanted to fill in the wetlands in Macomb County, Mich., so Mr. Carabell could build condos about a mile from the lake. Mr. Rapanos planned to build a shopping mall about 20 miles from the lake.

123Next »

Post a comment

There are comments on this article, submit your opinion!

Commenting is disabled for this entry.
If you feel there is still something worth mentioning about this entry please contact the author or the site admin.

Ask a Question

You Report

Do you have another point of view, photos, audio, video or more information about a story?

Top Stories

Most Read

  1. KELLNER: New Apple mouse really is 'Magic'
  2. EXCLUSIVE: Warner: Obama misplayed health care debate
  3. D.C. sniper executed in Virginia
  4. Airport rules changed after Ron Paul aide detained
  5. PRUDEN: Fatal reluctance to see evil
More Top Stories »
  1. Families meet as sniper's execution nears
  2. Michigan farm expert opens Marijuana U.
  3. DeMint tries to ban 'permanent politicians'
  4. EXCLUSIVE: Fort Hood suspect contacted Muslim extremists
  5. Kennedy's disability plan could snag health bill

Most Shared

  1. KELLNER: New Apple mouse really is 'Magic'
  2. Houston sheriffs round up thousands of illegals
  3. EDITORIAL: When the shooter becomes the victim
  4. EXCLUSIVE: Fort Hood suspect contacted Muslim extremists
  5. Jordanian sees Jerusalem as a powder keg
More Top Stories »
  1. Tax penalties and prison
  2. Obama's union drive stumbles in N.H.
  3. EDITORIAL: End Clinton-era military base gun ban
  4. Employers offer pet health care as perk
  5. Airport rules changed after Ron Paul aide detained

Most Commented

  1. Houston sheriffs round up thousands of illegals
  2. EXCLUSIVE: Fort Hood suspect contacted Muslim extremists
  3. DeMint tries to ban 'permanent politicians'
  4. Obama: 'No faith justifies' Fort Hood attack
  5. Kennedy's disability plan could snag health bill
More Top Stories »
  1. D.C. sniper executed in Virginia
  2. Airport rules changed after Ron Paul aide detained
  3. EXCLUSIVE: GOPer Cao: Health vote may end career
  4. EDITORIAL: End Clinton-era military base gun ban
  5. Michigan farm expert opens Marijuana U.

Listen to Washington Times Radio

  • America's Morning News

    with John McCaslin and Melanie Morgan

Blogs & Columns

  • POTUS Notes

    New Dem talking point on Obama approval doesn't wash

  • The Back Story

    12 arrested at Pelosi's office

  • Belief Blog

    New Vatican constitution released

  • Out of Context

    Foods that might kill libido

  • Technology

    Facebook wins round against phishing spammer

  • On the Fly

    United lifts some 'award' blocking

  • Redskins 360

    Portis ruled out

  • Tara's Two Cents

    On their way to summer vacation..

  • SNOBlog

    Beyond 'Woody'

Videos

Advertising Links
TWT Store
  • e-edition
  • Print Edition
  • Weekly Washington Times
TWT Affiliates
  • Middle East Times
  • Golf
  • UPI
  • Arbor Ballroom
  • Washington Times Global
  • About TWT
  • Press Room
  • F.A.Q.
  • Work for TWT
  • Advertise
  • Sponsors
  • Contact Us
  • Privacy Policy
  • Site Map

All site contents © Copyright 2009 The Washington Times, LLC.