Supreme Court’s Murky Clean Water Act Ruling Created Legal Quagmire

Lawyers rarely agree on anything, but here’s an exception: They all say the Supreme Court bungled Rapanos v. United States, a major wetlands case, almost five years ago.

Attorneys representing all interested parties say lower court judges, regulators, the business community and individual landowners continue to suffer as a result of the confusion sown by the justices whose main job is to provide clarity in the law.

The case concerned the efforts of Michigan landowner John Rapanos to develop a property that, much to his dismay, was designated as a wetland. He hadn’t applied for a permit and was subsequently the target of U.S. EPA civil and criminal enforcement actions.

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