"Migratory Bird Rule" Shot Down

Date
2001-03-16
Authors
McEowen, Roger
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In a major decision important to farmers and ranchers with isolated wet areas on their land or private ponds, the U.S. Supreme court, in early January 2001, reversed the opinion of the Seventh Circuit Court of Appeals and held that the federal government’s assertion of jurisdiction over an intrastate wetland pursuant to the so-called “migratory bird rule” exceeded its authority under the Clean Water Act.1

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