The death of Supreme Court Justice Antonin Scalia may be a major victory on water law for the Obama administration. Politico reports Scalia was the foremost critic of federal wetlands regulations and helped move the court away from an expansive interpretation of the law. With a divided court following his passing, the court could leave lower court rulings standing or simply avoid making a decision. The controversial Waters of the United States rule is working its way through the courts, but case regarding the rule likely won’t reach the high court until 2017 at the soonest when a Scalia successor may already be named.
However, there is a chance the high court would be asked to appeal a technical ruling from the sixth circuit sometime this year.
Source: NAFB News Service