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Technical and Scientific Challenges in Implementing "Rapanos'" "Water of the United States"
The U.S. Supreme Court's rulings in Rapanos v. United States and Carabell v. United States, U.S. 126 S. Ct., and Solid Waste Agency of Northern Cook County, 531 U.S. 159 (2001) (SWANCC), create new scientific and technical challenges by significantly reinterpreting the scope of waters protected...
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Published in: | Natural resources & environment 2007-06, Vol.22 (1), p.42-63 |
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Main Authors: | , , |
Format: | Magazinearticle |
Language: | English |
Subjects: | |
Online Access: | Get full text |
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Summary: | The U.S. Supreme Court's rulings in Rapanos v. United States and Carabell v. United States, U.S. 126 S. Ct., and Solid Waste Agency of Northern Cook County, 531 U.S. 159 (2001) (SWANCC), create new scientific and technical challenges by significantly reinterpreting the scope of waters protected under the Clean Water Act (CWA). The four dissenting Justices, in an opinion authored by Justice Stevens, would have affirmed the court of appeals' finding that the waters were jurisdictional and concluded that the term "waters of the United States" extends to include all tributaries and wetlands that satisfy either the plurality's standard or that of Justice Kennedy. |
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ISSN: | 0882-3812 2328-3408 |