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Oral Argument Transcripts From 3 Supreme Court Wetlands Cases
On February 21, 2006, the U.S. Supreme Court heard oral arguments in three wetlands cases: Rapanos v. United States (No. 04-1034), Carabell v. U.S. Army Corps of Engineers (No. 04-1384), and S.D. Warren Co. v. Maine Bd. of Envt'l Protection (No. 04-1527). As reported in our January 2006 LANDS Letter, Rapanos and Carabell involve the extent of the Army Corps of Engineers' jurisdiction over ditches. S.D. Warren involves the meaning of the term "discharge," and depending on the Court's interpretation, the meaning of discharge could affect the CWA permitting requirements for land clearing activities occurring within wetlands.
Most of the Justices were clearly troubled with the notion that the federal government could regulate any ditch, storm drain, wet spot or puddle as a navigable water. Who knows how the Court will rule, but in the meantime, if you are interested in reading the transcripts from these cases, please click on the following links:
Rapanos & Carabell: http://www.supremecourtus.gov/oral_arguments/argument_transcripts/04-1034.pdf
S.D. Warren: http://www.supremecourtus.gov/oral_arguments/argument_transcripts/04-1527.pdf
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