Howard Fox (10 December 1836 – 15 November 1922) was a shipping agent and played a large part in the economic and cultural development of the town of Falmouth, Cornwall. He was a member of the influential Fox family of Falmouth. (wikipedia)
When they say 'navigable,' they are referring to a definition that dates back to the 19th century, not the Clean Water Act. But even using that definition, it has long been accepted that the U.S. can protect upstream waters in order to protect downstream waters.
It's simpler to prove whether the wetland is adjacent to the stream or not, and then if he applies for a permit you can decide whether the impacts of his wetland on the stream are significant enough that he should or should not get a permit.
It doesn't matter how long pollutants flow. If they travel 10 feet or 100 miles they are still going to cause problems downstream.
We're optimistic about all nine justices, given the nature of the case here.
These federal environmental laws were designed to help keep peace among the states, to give them a way to address upstream pollution problems coming from their neighbors. In Louisiana, pollution comes as far away as Wyoming and Minnesota.
This is a victory for public health. It makes no sense to allow huge multi-million-dollar projects that drastically increase air pollution without installing up-to-date pollution controls or even notifying nearby residents.
