Antonin Scalia in Government Bullies, by Senator Rand Paul (R, KY)

On Environment: "Navigable waters" should have permanent surface connection

During the Supreme Court battle [in the Rapanos case defining wetlands], the EPA premised its enforcement proceeding on a "hydrological connection" between navigable water and Rapanos's property. Based on this outrageous test, the federal government brought criminal charges against Rapanos because the sand he moved on his property "backfilled" intermittently saturated bits of land on his property, and because of the hypothetical threat that some of that sand might be carried by rainwater through old runoff drains and, after a journey through culverts, creeks, and ditches, end up in the Kawkawlin River, 20 miles away.

The court was split in its decision. 5 justices--Scalia, Thomas, Roberts, Alito, and Kennedy--were not convinced of Rapanos's conviction. Justice Scalia, on behalf of 4 justices, determined that the Clean Water Act's definition of "navigable waters" applies to any parcel of land or water that drains to or is in the extended watershed of navigable waters.

Source: Government Bullies, by Rand Paul, p. 62-63 Sep 12, 2012

The above quotations are from Government Bullies How Everyday Americans Are Being Harrassed, Abused, And Imprisoned by the Feds by Rand Paul. Click here for main summary page. Click here for a profile of Antonin Scalia. Click here for Antonin Scalia on all issues.
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