(My bet is on nonregulation. Any takers)
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/02/20/MNGV3HBONN1.DTLWater wars await Alito in debut on high court
Future of nation's rivers, wetlands hinges on 2 key cases
Bob Egelko, Chronicle Staff Writer
Monday, February 20, 2006
Samuel Alito will make his Supreme Court debut with a splash this week when the justices hear two cases that could determine the future of the Clean Water Act.
The cases, both from Michigan and scheduled for hearing on Tuesday, could have an enormous impact. For property-rights advocates, an unfavorable ruling could spread the shadow of federal regulation over every tiny stream and rivulet in America, stifling development.
Federal authority would extend to "virtually every body of water in the nation -- every brook and pond, every dry wash -- that has any connection with navigable waters, no matter how remote," warned a coalition of water suppliers, farmers and the states of Alaska and Utah in one of more than 50 briefs filed with the court.
For environmentalists, a loss would strike at the heart of the nation's water resources.
Federal agencies would be powerless to prevent "the discharge of sewage, toxic pollutants and fill into ... the large majority of our nation's rivers, streams and other waters," said clean-water agencies from two-thirds of the states, including California.