Supreme Court Wetlands Decision: Depends On Your Point Of View

The Supreme Court rules that the federal government does not have the power to reach far upstream to protect every wetland in a watershed. Depending on your choice of news source, the decision protects the environment, or limits regulation.

2 minute read

June 21, 2006, 1:00 PM PDT

By Chris Steins @planetizen


Following is a sampling of new sources and their coverage:

The New York Times: "The Supreme Court on Monday came close to rolling back one of the country's fundamental environmental laws, issuing a fractured decision that, while likely to preserve vigorous federal enforcement of the law, the Clean Water Act, is also likely to lead to new regulatory battles, increased litigation by property owners and a push for new legislation."

The Christian Science Monitor: "The result is a decision best described as 4-1-4. Four justices agreed that the law called for a restrictive view of the scope of federal jurisdiction to reach remote wetlands. Four other justices concluded that the statute permits the government to take upstream actions to prevent downstream degradation of federal water resources."

The Nation's Building News, published by the National Association of Home Builders: "In a step forward for affordable housing and against excessive regulation, the U.S. Supreme Court on Monday remanded to the lower courts a decision on whether wetlands connected to actual navigable waters by ditches or drains should be regulated as navigable waters of the United States."

The Los Angeles Times: "Divided Supreme Court Upholds Federal Protections for Wetlands... A divided Supreme Court on Monday upheld the broad power of federal environmental regulators to protect most wetlands from development, even in areas that are dry much of the year."

Tuesday, June 20, 2006 in Christian Science Montior

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

U-Haul truck on road with blurred grassy roadside in background.

Americans May Be Stuck — But Why?

Americans are moving a lot less than they once did, and that is a problem. While Yoni Applebaum, in his highly-publicized article Stuck, gets the reasons badly wrong, it's still important to ask: why are we moving so much less than before?

March 27, 2025 - Alan Mallach

Rusty abandoned oil well and equipment with prickly pear cactus next to it in West Texas.

Using Old Oil and Gas Wells for Green Energy Storage

Penn State researchers have found that repurposing abandoned oil and gas wells for geothermal-assisted compressed-air energy storage can boost efficiency, reduce environmental risks, and support clean energy and job transitions.

March 31, 2025 - Pennsylvania State University

People sitting and walking in plaza in front of historic Benton County Courthouse in Bentonville, Arkansas.

Placekeeping: Setting a New Precedent for City Planners

How a preservation-based approach to redevelopment and urban design can prevent displacement and honor legacy communities.

March 28, 2025 - Emily McCoy

Orange and white vintage-look streetcar on Market Street in San Francisco, CA.

San Francisco’s Muni Ridership Grew in 2024

The system saw its highest ridership since before the Covid-19 pandemic, but faces a severe budget shortage in the coming year.

April 4 - San Francisco Chronicle

Green and silver Max BRT bus at station in Fort Collins, Colorado.

Colorado Lawmakers Move to Protect BRT Funding

In the face of potential federal funding cuts, CDOT leaders reasserted their commitment to planned bus rapid transit projects.

April 4 - Colorado Public Radio

Low view of separated bike lanes in middle of Pennsylvania Avenue with U.S. Capitol dome visible at end of street at night.

Safe Streets Funding in Jeopardy

The Trump administration is specifically targeting bike infrastructure and other road safety projects in its funding cuts.

April 4 - Grist