The Supreme Court appears willing to set limits on the Clean Water Act’s signature permitting program, but seems unsure where to draw the line.
During Nov. 6 oral arguments, the justices wrestled with a fundamental question of the law’s reach: Are permits required for pollution that takes an indirect route to federal waters?
Several members of the court expressed concern that a narrow reading of the Clean Water Act could allow polluters to sidestep the law, giving them what Justice Stephen Breyer called a “roadmap” to avoid regulation.
But Breyer and others also seemed worried about stretching the law too ...