Supreme Court rules on Wetlands vs. Property Rights

 

The Supreme Court recently ruled to determine whether wetlands with indirect connections to navigable waters are subject to federal permitting.

A pair of cases before the U.S. Supreme Court could have a big impact on property owners?EUR??,,????'??? rights in relation to wetlands. The court combined two cases, both involving property with no direct connection to navigable waters, which are protected by the Clean Water Act. Earlier court rulings have held that adjacent wetlands and tributaries are covered by the act. At issue in the current cases is whether wetlands with indirect connections to navigable waters are subject to federal permitting.

One case involves a Michigan farmer who received a prison sentence and $13 million in fines for clearing wetlands on his property without a permit from the Corps of Engineers. His property is at least 11 miles from the closest navigable water, the Kawkawlin River. The second case involves another Michigan property owner whose state-approved plan to build condos was stopped by the federal government because a ditch along one side of the property drains into a creek that flows into Lake St. Clair. Oral arguments are tentatively set for late February.