SCOTUS weighs in on EPA wetlands decision in Idaho

March 26, 2012

Idaho: The Supreme Court of the United States last week ruled to allow an Idaho couple to challenge a decision by the Environmental Protective Agency (EPA) in court, which until now was not allowed. After the couple purchased land on which to build a home, the EPA and the Army Corps of Engineers ordered the building stopped, since the land contained wetlands. When the couple attempted to contest the order, lower courts agreed that EPA orders are not subject to judicial review.

This decision from the Supreme Court is considered a narrow one that focuses just on this situation. However, those who criticize the EPA's "abuse of power" (such as developers, corporations, and utilities) interpret this as a far-reaching victory. An attorney for the couple said, "The justices have made it clear that EPA bureaucrats are answerable to the law and the courts, just like the rest of us."

Still, environmentalists do not view the ruling in this light. An attorney from the Natural Resources Defense Council said, "The court did not adopt any of the radical ideas advanced by industry and its allies that could have severely hampered public health and environmental protections."

Another issue that the court addressed in its decision is how to classify a wetland. Two previous rulings from the aughts have led the EPA to redefine the natural feature. That proposal is currently with the federal Office of Management and Budget.