Analysis of the Supreme Court's January 9, 2001 SWANCC Decision

The attached is a pretty decent summary of the recent U.S. Supreme Court's
opinion on the Clean Water Act's juridictional reach to isolated waters.
Thought it might be of interest to origination/developer type lawyers.

Steve
----- Forwarded by Steve Van Hooser/HOU/ECT on 01/18/2001 09:02 AM -----

"Jack Mingus" <JBM@vnf.com<
01/17/2001 08:03 AM

To: undisclosed-recipients:;
cc:
Subject: Analysis of the Supreme Court's January 9, 2001 SWANCC Decision

Attached is a brief memo prepared by Van Ness Feldman analyzing the U.S.
Supreme Court's January 9, 2001 decision in the case of Solid Waste Agency of
Northern Cook County v. U.S. Army Corps of Engineers (No. 99-1178 (U.S.
January 9, 2001)). By a vote of 5 to 4, the Court determined that "isolated"
waters (often wetlands) are not subject to regulation under the Clean Water
Act (and the Section 404 permitting program). This decision has significant
implications for anyone who is, or will be engaging in the construction of
generating facilities, transmission lines, factories, houses, pipelines, or
similar projects.

Van Ness Feldman will be providing our friends and clients with periodic
updates on breaking legal and legislative activity throughout the remainder
of 2001. If you would like to be removed from this distribution list, please
respond to this e-mail and let us know.

- SWANCC.doc
- SWANCC.wpd