US Supreme Court—Wetlands Ruling

In mid July of 2006, the US Supreme Court surprised the public with a wetlands ruling favoring developers. Two property rights cases sought to clarify federal wetlands regulations. At issue was the geographic extent of areas to be regulated, and the type of activities deserving such regulation.

In a split decision, the court appears to have favored landowners by limiting the regulatory reach of federal agencies. In the deciding opinion of Justice Anthony Kennedy, only wetland areas shown to have a “significant effect on the biological integrity of a navigable waterway” should be subject to federal wetlands regulations. There have been instances of farm fields being classified “wetlands”, though there was never enough water to make a “navigable” stream. However, it could take years before regulatory definitions are clarified.