Supreme Court of the United States
Rapanos v. United States — Stevens, J., Dissenting
June 19, 2006547 U.S. 715
Summary
Justice Stevens, dissenting, argues that the Clean Water Act grants the Army Corps of Engineers jurisdiction over wetlands adjacent to tributaries of traditionally navigable waters. He emphasizes deference to agency interpretation under Chevron and precedent from United States v. Riverside Bayview Homes, Inc. He contends the plurality's new requirements lack statutory support and jeopardize water quality protection. Justice Breyer, dissenting, joins Stevens and emphasizes the need for agency regulations.