"Wetlands" redefined

[bcp]

From:

Supreme Court rules against EPA in dispute over regulating wetlands

The Supreme Court ruled against the Environmental Protection Agency in a dispute over its authority to regulate certain wetlands under the Clean Water Act.

www.cbsnews.com

"...the court found that the agency's interpretation of the wetlands covered by the Clean Water Act is "inconsistent" with the law's text and structure, and the law extends only to "wetlands with a continuous surface connection to bodies of water that are 'waters of the United States' in their own right."

Bruce

 

[oosik]

This has the potential of bringing many area OUT of EPA control. The concern being - I hope this does not open areas to commercial development that should never be developed.

 

[5030]

Wetlands are usually defined by state mandates anyway. Here in Michigan, the DNR does the designations.

 

[oosik]

True - 5030. But in states like Alaska - the majority of the land is still under federal control.

 

[Rustyiron]

Wetlands are usually defined by state mandates anyway. Here in Michigan, the DNR does the designations.

.....and that can mean that one stinking plant or bug in the area in question can quickly become no longer yours to do as you like with . Just don't stop paying the taxes on it!

 

[Torvy]

The EPA was doing the redefining. Basically, waterways are under state control unless they flow among multiple states. EPA argument was that all of the water will eventually flow somewhere else (like through respiration, evaporation, etc.) So effectively, they tried to just redefine constitional definitions of federalism to place more under their direct control. So those federal lands (national is really a better term, federal really implies shared, but no changing common use at this point, but, I digress) remain under EPA control, but that low spot on your land that only fills up with a heavy rain is not. Your stock pond that you built is not either. States have the authority to control those things to the extended they feel it is warranted.

A common misperception in the US is that the national government is the ultimate authority. The states created it and the states have the ability to amend the constitution without Congress or Executives doing anything. It doesn't even take all of the states. 3/4 is all it takes.

 

[Beeenvenue]

Wetlands are usually defined by state mandates anyway. Here in Michigan, the DNR does the designations.

No they aren’t. They are always done by the COE. Local agencies sometimes help but it is a federal responsibility.
If the DNR is doing it, those aren’t federal wetlands/WOS

 

[Oaktree]

The states created it and the states have the ability to amend the constitution without Congress or Executives doing anything. It doesn't even take all of the states. 3/4 is all it takes.

Yeah, good luck getting 36 states to agree on anything.

 

[Hay Dude]

The state DEP try to tell one of my landowners they could no longer farm a pretty large portion of their property because it was intermittently wet in winter months. Basically a couple acres of 2” deep water-a giant puddle. During the summer its a field of grass.