Supreme Court Searches for Limits on Clean Water Act Program (2)

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 ...