Monday, June 19, 2006

U.S. Supreme Court 'Fractured' Wetlands Ruling Could Impact Louisiana

A 5-4 ruling by the U.S. Supreme Court on a wetlands development issue is so "fractured" that one justice said "lower courts and regulated entities will now have to feel their way on a case-by-case basis." The court said the federal Clean Water Act may have been misinterpreted in a case that barred Michigan property owners from building a shopping mall and condo on wetlands that they own. Justices could not reach a consensus on whether government protections extend past waterways, which means lower courts will have to decide whether ditches and drainage outlets are included as part of a government-protected waterway and wetland area. The ruling could have significant impact upon Louisiana and the "taking" of property without due compensation. Lafayette Daily Advertiser, The Advertiser 06/19/2006 Read Article: The Advertiser

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