Supreme Court Case May Undermine Rosemont Mine Regulation | Subscriber
At issue is whether the court will preserve the current 16-year-old Supreme Court reference for determining whether a wetland or washout receives federal protection. Below, wetlands and, by inference, other waterways, must have a ‘connection’ or significant connection to a navigable watercourse.
The Sacketts and their legal counsel, the Pacific Legal Foundation, want the court to use a much more restrictive standard, saying the current standard has caused widespread confusion and uncertainty among regulated builders and developers as to what is legally acceptable. .
Developed by the late Justice Antonin Scalia, the Sacketts’ favored signpost would require a washhouse or wetland to be connected to a waterway by a body of water that carries surface water year-round.
As evidence of the high stakes, the Sacketts’ Supreme Court petition drew supporting legal briefs from Arizona and 20 other states, the National Association of Home Builders, the U.S. Chamber of Commerce and two conservative legal foundations that promote property rights and the free market. economy.
One pundit, Patrick Parenteau, a Vermont Law School professor who is generally sympathetic to environmentalists, said he expected the High Court to side with Sackett against the more liberal U.S. 9th Circuit.