This tortured middle way has effectively become the law of the land, and for various reasons — including the need to conduct laborious, case-by-case investigations into hydrological linkages among water bodies — it has led to regulatory paralysis.They supported the proposed legislation that Congress is now considering called the Clean Water Restoration Act.
21 August 2008
US wetlands law, with its basis in such diverse language as the Commerce Clause and the Clean Water Act, lacks some clarity. A recent Supreme Court decision helped point out how flawed it could be having the whole thing pinned on the definition of "navigable waterways". A NYTimes editorial this week said that: