CLEAN WATER ACT DIVERSION?

Abstract

IT BEGAN WITH SAND AND GRAVEL PITS. The mining operation outside of Chicago ceased decades ago, and the land became an overgrown area spotted with ponds. Then local officials decided that the old pits would make a fine site for a landfill. Federal regulators disagreed, determining that the area was protected by U.S. wetlands law. A legal challenge ensued, and the suit wended its way through the courts and wound up before the U.S. Supreme Court. The high court ruled against the regulators. Though the case focused on wetlands regulations, it could have repercussions for water discharges from commercial facilities, environmental activists say The Bush Administration's response to the high court decision potentially could allow uncontrolled discharges of pollution in some waterways, they warn, and may lead to tighter pollution controls for downstream facilities along main-stem rivers. The issue is legally complicated. It involves two federal agencies: the Environmental Protection Agency, which is the lead ...