Justices to Measure Clean Water Act's Reach (Bush unprotects wetlands)

http://www.latimes.com/news/printedition/asection/la-na-scotus12oct12,1,5175405.story

Justices to Measure Clean Water Act's Reach

By David G. Savage Times Staff Writer
Wed Oct 12, 7:55 AM ET



WASHINGTON — The Supreme Court, in a potentially far-reaching clash between the environment and the rights of property owners, agreed Tuesday to consider limiting the federal government's power to protect hundreds of millions of acres of wetlands.

After its first private conference led by Chief Justice John G. Roberts Jr., the court said it would hear three cases that asked the justices to cut back on the reach of the Clean Water Act of 1972, the antipollution measure that led to the cleanup of streams, rivers and bays around the nation.

A defeat for the federal government could signal the beginning of a retreat from broad federal protection for the environment. Some conservatives and property-rights activists have urged the high court to be more aggressive in protecting landowners from environmental regulators.

The landmark Clean Water Act gave federal regulators the power to prevent discharges into "navigable waters." That sometimes resulted in private wetlands miles from the nearest river or bay being declared off-limits to developers.<snip>

Less than one month on the bench and Roberts is eager to take on a case for his friends, the "developers".