The Supreme Court ruled unanimously that landowners have the right to challenge in court the U.S. Army Corps of Engineers determinations that a wetland is protected under clean water laws. The case involved peat-mining companies in Minnesota who were told their work in a wetland would affect the Red River of the North 120 miles away.
Forbes said the ruling, which upheld an appellate court decision, is “a strong victory for private landowners and a defeat for the Obama administration.” The decision paralleled a 2012 decision over a EPA compliance order on a vacation property in Idaho. “And the court’s reasoning may re-surface in the battle over the Obama administration’s Clean Water rule, which greatly expanded the government’s definition of Waters of the United States.” The EPA says WOTUS is a clarification of the upstream reach of the clean water law, not an expansion.
At issue in the case were the jurisdictional determinations issued by the Corps as to whether a parcel of land is covered by the clean water laws. Attorney William Jay told Forbes the Supreme Court decision would encourage landowners to seek a jurisdictional determination and then challenge adverse determinations in court rather than proceed with seeking a permit for work on their territory.