Commentary

New Rapanos Blog

The Pacific Legal Foundation has started the Rapanos Blog to offer news and views on the Supreme Court’s upcoming opinion on the Rapans vs. United States wetlands regulation case. It’s got a wealth of information on the case, including amicus briefs, oral arguments, related articles, and more. Rapanos is one of two cases being considered by the Supreme Court challenging the Feds’ overly expansive interpretation of the Clean Water Act. At the heart of the issue lies the question of whether the Fed’s power to regulate “navigable waters” extends to wetlands and small streams. The broad interpretation of “wetland” has effectively allowed the Feds exercise significant power in the traditionally state and local domain of land use and development regulation. See here and here for previous posts on Rapanos. Also, see Shikha and I’s February Washington Times article on the cases, as well as Shikha’s op-ed from last October.