The Long Life and Sudden Demise of Federal Wetlands Protection
Legal Planet
FEBRUARY 7, 2024
1972 , Congress passes the Clean Water Act, which requires a federal permit for filling or dredging in “navigable waters,” defined as the “waters of the United States.” Five Justices (four dissenters plus Justiice Kennedy) support the “significant nexus” test, which the lower courts generally view as binding law.
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