Landowners can challenge a federal government determination that their property is subject to Clean Water Act restrictions, the U.S. Supreme Court unanimously ruled Tuesday.
With federal officials facing a new source of lawsuits, they must now do a better job justifying their conclusions, legal experts say.
“The cavalier attitude toward asserting authority under the Clean Water Act we hope will change,” said Reed Hopper, an attorney with the Pacific Legal Foundation, a public interest legal organization.
The nation’s highest court rejected arguments by the U.S. Army Corps of Engineers that its “jurisdictional determinations” can’t be challenged in court because they’re merely advisory opinions that property is subject to the Clean Water Act.
The ruling is a victory for farmers and other landowners who would rather sue to prove their property doesn’t fall under the agency’s jurisdiction than seek costly Clean Water Act permits or abandon their projects.
Source: www.capitalpress.com