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Supreme Court clears up confusion.(RULES & REGULATIONS)
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Public Works
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August 1, 2006
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Copyright informationCOPYRIGHT 2006 Hanley-Wood, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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On June 19 the U.S. Supreme Court ruled 5-4 that the U.S. Army Corps of Engineers overextended its permitting authority under the Clean Water Act of 1972 by restricting construction near storm drains and ditches.
While the Clean Water Act allows the Corps to regulate development adjacent to navigable waters, wetlands, or tributaries adjacent to navigable U.S. waters, the ambiguous definition of "adjacent" prompted the court to examine how extensively the federal government can restrict development.
The court ruled that the phrase "waters of the United States" ...
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