U.S. Supreme Court refused to widen the scope of the federal Clean Water Act
Tina Grady Barbaccia | April 23, 2012
All nine justices on the U.S. Supreme Court have refused to widen the scope of the federal Clean Water Act (CWA).
In PPL Montana, LLC v. Montana, the Court, Feb. 22, unanimously declined to expand the definition of what is considered “navigable” under federal law, according to the American Road & Transportation Builders Association (ARTBA). The ruling removes a road block that could have needlessly delayed transportation improvements.
ARTBA, the only transportation construction association involved in the case, joined with eight other industry associations in filing a brief urging the Court to overturn a lower court holding that the entire span of three rivers in Montana was “navigable” because certain remote sections are used for recreational purposes.
For purposes of transportation development, once something is considered “navigable” it is under federal control, and subject to the permitting authority of the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps).
An expanded definition of “navigability” could have resulted in a scenario where the EPA and Corps would have the option of exerting jurisdiction over roadside ditches, potentially adding years to an already expansive review and approval process for transportation infrastructure projects that are needed for increased mobility and improved safety.
The full text of the association’s brief can be found in the “current advocacy efforts” section of www.artba.org.
For more on this, see the April 2012 digital edition at www.aggman.com/digital.
MORE FROM eRoadPro Newsletter
- VIDEO: Could ‘Beer Money’ help solve our infrastructure problem?435 Views
- Shuster, Boxer say highway bill is about jobs399 Views
- DOT report: $123.7 billion needed to maintain, improve highways, bridges186 Views
- Obama proposes $302 billion, 4-year reauthorization bill, announces availability of $600 million in TIGER grants171 Views
- Volvo partners with Lego Group155 Views