WASHINGTON, June 19 (UPI) -- The Supreme Court, in a 5-4 decision announced Monday, narrowed the definition of bodies of water protected by the U.S. Clean Water Act.
But the high court's ruling could be difficult for lower courts to follow, Scotusblog reported. Justice Anthony Kennedy while supplying the tie-breaking vote wrote a concurring opinion that had key differences from the opinion by Justice Antonin Scalia.
Scalia, in his opinion, defined "waters of the United States" as permanent bodies of water that are standing or continuously flowing. He found that the act does not apply to wetlands that occasionally have water flowing through them.
The ruling came in two consolidated cases, both involving government efforts to stop development. In one, the wetlands are next to ditches or drains that empty into navigable waters, while in the other, the wetlands were separated from navigable waters by a man-made berm.
