solid
waste
agency
northern
cook
county
army
corps
engineers
et
argued
october
decided
january
petitioner
consortium
suburban
chicago
municipalities
selected
solid
waste
disposal
site
abandoned
sand
gravel
pit
excavation
trenches
evolved
permanent
seasonal
ponds
operation
called
filling
ponds
petitioner
contacted
federal
respondents
including
army
corps
engineers
corps
determine
landfill
permit
required
clean
water
act
cwa
authorizes
corps
issue
permits
allowing
discharge
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fill
material
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waters
cwa
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waters
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define
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intrastate
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destruction
affect
interstate
foreign
commerce
cfr
corps
attempted
clarify
jurisdiction
stating
dubbed
migratory
bird
rule
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intrastate
waters
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alia
provide
habitat
migratory
birds
fed
reg
asserting
jurisdiction
instant
site
pursuant
rule
corps
refused
issue
permit
petitioner
challenged
corps
jurisdiction
merits
permit
denial
district
granted
respondents
summary
judgment
jurisdictional
issue
seventh
circuit
held
congress
authority
commerce
clause
regulate
intrastate
waters
migratory
bird
rule
reasonable
interpretation
cwa
held
title
cfr
clarified
applied
petitioner
site
pursuant
migratory
bird
rule
exceeds
authority
granted
respondents
cwa
pp
riverside
bayview
homes
held
corps
jurisdiction
wetlands
adjacent
navigable
waterway
noting
term
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limited
import
congress
evidenced
intent
regulate
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waters
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term
classical
understanding
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measure
upon
congress
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corps
regulations
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cwa
cover
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waters
see
expressed
opinion
question
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authority
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water
statute
text
allow
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jurisdiction
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pp
corps
original
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emphasized
water
body
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whether
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corps
mistook
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respondents
contend
whatever
original
aim
congress
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approved
expansive
definition
navigable
waters
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corps
regulations
specifically
respondents
submit
congress
failure
pass
legislation
overturned
regulations
extension
environmental
protection
agency
jurisdiction
include
waters
traditional
navigable
waters
indicates
congress
recognized
accepted
broad
definition
navigable
waters
includes
nonnavigable
isolated
intrastate
waters
recognizes
congressional
acquiescence
administrative
interpretations
statute
extreme
care
failed
legislative
proposals
particularly
dangerous
ground
rest
interpretation
prior
statute
central
bank
denver
first
interstate
bank
denver
bill
proposed
rejected
number
reasons
respondents
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make
necessary
showing
congress
failure
pass
legislation
demonstrates
acquiescence
regulations
migratory
bird
rule
section
equally
unenlightening
conclusively
determine
construction
placed
use
term
waters
elsewhere
cwa
riverside
bayview
homes
supra
pp
even
clear
extend
deference
migratory
bird
rule
chevron
natural
resources
defense
council
administrative
interpretation
statute
raise
serious
constitutional
problems
construe
statute
avoid
problems
unless
construction
plainly
contrary
congress
intent
edward
debartolo
florida
gulf
coast
building
constr
trades
council
grant
authority
congress
commerce
clause
though
broad
unlimited
see
morrison
respondents
arguments
migratory
bird
rule
falls
within
congress
power
regulate
intrastate
activities
substantially
affect
interstate
commerce
raise
significant
constitutional
questions
yet
nothing
approaching
clear
statement
congress
intended
reach
abandoned
sand
gravel
pit
one
issue
permitting
respondents
claim
federal
jurisdiction
ponds
mudflats
falling
within
migratory
bird
rule
also
result
significant
impingement
traditional
primary
power
land
water
use
thus
reads
statute
written
avoid
significant
constitutional
federalism
questions
rejects
request
administrative
deference
pp
reversed
rehnquist
delivered
opinion
scalia
kennedy
thomas
joined
stevens
filed
dissenting
opinion
souter
ginsburg
breyer
joined
solid
waste
agency
northern
cook
county
petitioner
army
corps
engineers
et
al
writ
certiorari
appeals
seventh
circuit
january
chief
justice
rehnquist
delivered
opinion
section
clean
water
act
cwa
act
stat
amended
regulates
discharge
dredged
fill
material
navigable
waters
army
corps
engineers
corps
interpreted
confer
federal
authority
abandoned
sand
gravel
pit
northern
illinois
provides
habitat
migratory
birds
asked
decide
whether
provisions
may
fairly
extended
waters
whether
congress
exercise
authority
consistent
commerce
clause
art
cl
answer
first
question
negative
therefore
reach
second
petitioner
solid
waste
agency
northern
cook
county
swancc
consortium
suburban
chicago
cities
villages
effort
locate
develop
disposal
site
baled
nonhazardous
solid
waste
chicago
gravel
company
informed
municipalities
availability
parcel
bestriding
illinois
counties
cook
kane
site
sand
gravel
pit
mining
operation
three
decades
long
since
abandoned
old
mining
site
eventually
gave
way
successional
stage
forest
remnant
excavation
trenches
evolving
scattering
permanent
seasonal
ponds
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size
acre
several
acres
depth
several
inches
several
feet
municipalities
decided
purchase
site
disposal
baled
nonhazardous
solid
waste
law
swancc
required
file
various
permits
cook
county
state
illinois
begin
operation
balefill
project
addition
operation
called
filling
permanent
seasonal
ponds
swancc
contacted
federal
respondents
hereinafter
respondents
including
corps
determine
federal
landfill
permit
required
cwa
section
grants
corps
authority
issue
permits
discharge
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fill
material
navigable
waters
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disposal
sites
ibid
term
navigable
waters
defined
act
waters
including
territorial
seas
corps
issued
regulations
defining
term
waters
include
waters
intrastate
lakes
rivers
streams
including
intermittent
streams
mudflats
sandflats
wetlands
sloughs
prairie
potholes
wet
meadows
playa
lakes
natural
ponds
use
degradation
destruction
affect
interstate
foreign
commerce
cfr
attempt
clarify
reach
jurisdiction
corps
stated
extends
instrastate
waters
used
habitat
birds
protected
migratory
bird
treaties
used
habitat
migratory
birds
cross
state
lines
used
habitat
endangered
species
used
irrigate
crops
sold
interstate
commerce
fed
reg
last
promulgation
dubbed
migratory
bird
rule
corps
initially
concluded
jurisdiction
site
contained
wetlands
areas
support
vegetation
typically
adapted
life
saturated
soil
conditions
cfr
however
illinois
nature
preserves
commission
informed
corps
number
migratory
bird
species
observed
site
corps
reconsidered
ultimately
asserted
jurisdiction
balefill
site
pursuant
subpart
migratory
bird
rule
corps
found
approximately
bird
species
observed
site
including
several
known
depend
upon
aquatic
environments
significant
portion
life
requirements
thus
november
corps
formally
determined
seasonally
ponded
abandoned
gravel
mining
depressions
located
project
site
wetlands
qualify
waters
based
upon
following
criteria
proposed
site
abandoned
gravel
mining
operation
water
areas
spoil
piles
developed
natural
character
water
areas
used
habitat
migratory
bird
sic
cross
state
lines
army
corps
engineers
chicago
district
dept
army
permit
evaluation
decision
document
lodging
petitioner
tab
application
process
swancc
made
several
proposals
mitigate
likely
displacement
migratory
birds
preserve
great
blue
heron
rookery
located
site
balefill
project
ultimately
received
necessary
local
state
approval
swancc
received
special
use
planned
development
permit
cook
county
board
appeals
landfill
development
permit
illinois
environmental
protection
agency
approval
illinois
department
conservation
despite
swancc
securing
required
water
quality
certification
illinois
environmental
protection
agency
corps
refused
issue
permit
corps
found
swancc
established
proposal
least
environmentally
damaging
practicable
alternative
disposal
nonhazardous
solid
waste
swancc
failure
set
aside
sufficient
funds
remediate
leaks
posed
unacceptable
risk
public
drinking
water
supply
impact
project
upon
species
unmitigatable
since
landfill
surface
redeveloped
forested
habitat
petitioner
filed
suit
administrative
procedure
act
et
northern
district
illinois
challenging
corps
jurisdiction
site
merits
denial
permit
district
granted
summary
judgment
respondents
jurisdictional
issue
petitioner
abandoned
challenge
corps
permit
decision
appeal
appeals
seventh
circuit
petitioner
renewed
attack
respondents
use
migratory
bird
rule
assert
jurisdiction
site
petitioner
argued
respondents
exceeded
statutory
authority
interpreting
cwa
cover
nonnavigable
isolated
intrastate
waters
based
upon
presence
migratory
birds
alternative
congress
lacked
power
commerce
clause
grant
regulatory
jurisdiction
appeals
began
analysis
constitutional
question
holding
congress
authority
regulate
waters
based
upon
cumulative
impact
doctrine
single
activity
discernible
effect
interstate
commerce
may
still
regulated
aggregate
effect
class
activity
substantial
impact
interstate
commerce
aggregate
effect
destruction
natural
habitat
migratory
birds
interstate
commerce
held
substantial
year
millions
americans
cross
state
lines
spend
billion
dollars
hunt
observe
migratory
ibid
appeals
turned
regulatory
question
held
cwa
reaches
many
waters
commerce
clause
allows
given
earlier
commerce
clause
ruling
therefore
followed
respondents
migratory
bird
rule
reasonable
interpretation
act
see
granted
certiorari
reverse
congress
passed
cwa
stated
purpose
restor
ing
maintain
ing
chemical
physical
biological
integrity
nation
waters
congress
chose
recognize
preserve
protect
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responsibilities
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prevent
reduce
eliminate
pollution
plan
development
use
including
restoration
preservation
enhancement
land
water
resources
consult
administrator
exercise
authority
chapter
relevant
authorizes
respondents
regulate
discharge
fill
material
navigable
waters
statute
defines
waters
including
territorial
seas
respondents
interpreted
words
cover
abandoned
gravel
pit
issue
used
habitat
migratory
birds
conclude
migratory
bird
rule
fairly
supported
cwa
first
time
called
upon
evaluate
meaning
riverside
bayview
homes
held
corps
jurisdiction
wetlands
actually
abutted
navigable
waterway
noted
term
navigable
limited
import
congress
evidenced
intent
regulate
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waters
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classical
understanding
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holding
based
large
measure
upon
congress
unequivocal
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approval
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cwa
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wetlands
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waters
see
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congress
concern
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water
quality
aquatic
ecosystems
indicated
intent
regulate
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bound
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nexus
wetlands
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informed
reading
cwa
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bayview
homes
indeed
express
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question
authority
corps
regulate
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fill
material
wetlands
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bodies
open
water
order
rule
respondents
hold
jurisdiction
corps
extends
ponds
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water
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text
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allow
indeed
corps
original
interpretation
cwa
promulgated
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years
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espouses
regulations
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waters
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tide
presently
past
may
future
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purposes
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foreign
commerce
cfr
corps
emphasized
water
body
capability
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public
purposes
transportation
commerce
determinative
factor
respondents
put
forward
persuasive
evidence
corps
mistook
congress
intent
respondents
next
contend
whatever
original
aim
congress
charted
new
course
five
years
later
approved
expansive
definition
navigable
waters
found
corps
regulations
july
corps
formally
adopted
cfr
defined
waters
include
isolated
wetlands
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streams
prairie
potholes
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part
tributary
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interstate
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destruction
affect
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respondents
argue
congress
aware
expansive
interpretation
amendments
cwa
specifically
respondents
point
failed
house
bill
defined
navigable
waters
waters
presently
used
susceptible
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condition
reasonable
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means
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commerce
cong
rec
also
point
passage
authorizes
state
apply
environmental
protection
agency
permission
administer
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permit
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discharge
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fill
material
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waters
waters
presently
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use
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condition
reasonable
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means
transport
interstate
foreign
commerce
including
wetlands
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thereto
within
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failure
pass
legislation
overturned
corps
regulations
extension
jurisdiction
waters
traditional
navigable
waters
respondents
submit
indicate
congress
recognized
accepted
broad
definition
navigable
waters
includes
nonnavigable
isolated
intrastate
waters
although
recognized
congressional
acquiescence
administrative
interpretations
statute
situations
done
extreme
ailed
legislative
proposals
particularly
dangerous
ground
rest
interpretation
prior
statute
central
bank
denver
first
interstate
bank
denver
quoting
pension
benefit
guaranty
corporation
ltv
bill
proposed
number
reasons
rejected
many
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relationship
actions
inactions
congress
intent
congress
passing
also
considerably
attenuated
subsequent
history
less
illuminating
contemporaneous
evidence
hagen
utah
respondents
face
difficult
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plain
text
import
conclude
respondents
failed
make
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showing
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house
bill
demonstrates
congress
acquiescence
corps
regulations
migratory
bird
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course
first
appear
although
respondents
cite
legislative
history
showing
congress
recognition
corps
assertion
jurisdiction
isolated
waters
explained
riverside
bayview
homes
chambers
debate
proposals
narrow
definition
navigable
waters
centered
largely
issue
wetlands
preservation
beyond
congress
desire
regulate
wetlands
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point
us
persuasive
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house
bill
proposed
response
corps
claim
jurisdiction
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isolated
intrastate
waters
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indicated
congressional
acquiescence
jurisdiction
section
equally
unenlightening
riverside
bayview
homes
recognized
congress
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phrase
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classical
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waters
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waters
respondents
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corps
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petitioner
contends
congress
simply
wanted
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waters
adjacent
navigable
waters
nonnavigable
tributaries
streams
exact
meaning
us
express
opinion
present
purposes
sufficient
say
riverside
bayview
homes
conclusively
determine
construction
placed
use
term
waters
elsewhere
act
particularly
contains
relevant
definition
navigable
waters
thus
decline
respondents
invitation
take
see
next
ineluctable
step
riverside
bayview
homes
holding
isolated
ponds
seasonal
wholly
located
within
two
illinois
counties
fall
definition
navigable
waters
serve
habitat
migratory
birds
counsel
respondents
conceded
oral
argument
ruling
assume
use
word
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statute
independent
significance
tr
oral
arg
agree
congress
separate
definitional
use
phrase
waters
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basis
reading
term
navigable
waters
statute
said
riverside
bayview
homes
word
navigable
statute
limited
effect
went
hold
extended
nonnavigable
wetlands
adjacent
open
waters
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thing
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word
limited
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effect
whatever
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import
showing
us
congress
mind
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enacting
cwa
traditional
jurisdiction
waters
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reasonably
made
see
appalachian
elec
power
respondents
relying
upon
arguments
addressed
contend
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must
said
congress
address
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question
scope
regard
nonnavigable
isolated
intrastate
waters
therefore
give
deference
migratory
bird
rule
see
chevron
natural
resources
defense
council
find
clear
even
agree
respondents
extend
chevron
deference
administrative
interpretation
statute
invokes
outer
limits
congress
power
expect
clear
indication
congress
intended
result
see
edward
debartolo
florida
gulf
coast
building
constr
trades
council
requirement
stems
prudential
desire
needlessly
reach
constitutional
issues
assumption
congress
casually
authorize
administrative
agencies
interpret
statute
push
limit
congressional
authority
see
ibid
concern
heightened
administrative
interpretation
alters
framework
permitting
federal
encroachment
upon
traditional
state
power
see
bass
nless
congress
conveys
purpose
clearly
deemed
significantly
changed
balance
thus
otherwise
acceptable
construction
statute
raise
serious
constitutional
problems
construe
statute
avoid
problems
unless
construction
plainly
contrary
intent
congress
debartolo
supra
twice
past
six
years
reaffirmed
proposition
grant
authority
congress
commerce
clause
though
broad
unlimited
see
morrison
lopez
respondents
argue
migratory
bird
rule
falls
within
congress
power
regulate
intrastate
activities
substantially
affect
interstate
commerce
note
protection
migratory
birds
national
interest
nearly
first
magnitude
missouri
holland
appeals
found
millions
people
spend
billion
dollars
annually
recreational
pursuits
relating
migratory
birds
arguments
raise
significant
constitutional
questions
example
evaluate
precise
object
activity
aggregate
substantially
affects
interstate
commerce
clear
although
corps
claimed
jurisdiction
petitioner
land
contains
water
areas
used
habitat
migratory
birds
respondents
post
litem
motam
focus
upon
fact
regulated
activity
petitioner
municipal
landfill
plainly
commercial
nature
brief
federal
respondents
far
cry
indeed
navigable
waters
waters
statute
terms
extends
significant
constitutional
questions
raised
respondents
application
regulations
yet
find
nothing
approaching
clear
statement
congress
intended
reach
abandoned
sand
gravel
pit
permitting
respondents
claim
federal
jurisdiction
ponds
mudflats
falling
within
migratory
bird
rule
result
significant
impingement
traditional
primary
power
land
water
use
see
hess
port
authority
corporation
egulation
land
use
function
traditionally
performed
local
governments
rather
expressing
desire
readjust
balance
manner
congress
chose
recognize
preserve
protect
primary
responsibilities
rights
plan
development
use
land
water
resources
thus
read
statute
written
avoid
significant
constitutional
federalism
questions
raised
respondents
interpretation
therefore
reject
request
administrative
hold
cfr
clarified
applied
petitioner
balefill
site
pursuant
migratory
bird
rule
fed
reg
exceeds
authority
granted
respondents
cwa
judgment
appeals
seventh
circuit
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prohibit
filling
part
acres
ponds
property
cook
county
illinois
corps
exercise
permitting
power
isolated
waters
serve
habitat
migratory
birds
falls
well
within
boundaries
set
commerce
clause
jurisprudence
lopez
identified
three
broad
categories
activity
congress
may
regulate
commerce
power
channels
interstate
commerce
instrumentalities
interstate
commerce
persons
things
interstate
commerce
activities
substantially
affect
interstate
commerce
ibid
migratory
bird
rule
issue
properly
analyzed
third
category
order
constitute
proper
exercise
congress
power
intrastate
activities
substantially
affect
interstate
commerce
necessary
individual
instance
activity
substantially
affect
commerce
enough
taken
aggregate
class
activities
question
effect
perez
noting
class
regulated
activities
individual
instance
considered
affects
commerce
analysis
see
also
hodel
activity
regulated
case
corps
regulations
general
discharge
fill
material
water
corps
assert
jurisdiction
petitioner
land
simply
waters
used
habitat
migratory
birds
asserted
jurisdiction
petitioner
planned
discharge
fill
waters
used
habitat
migratory
birds
petitioner
intended
engage
activity
besides
discharging
fill
activity
regulate
conversely
waters
habitat
migratory
birds
basis
federal
jurisdiction
corps
never
become
involved
petitioner
use
land
doubt
unlike
class
activities
congress
attempting
regulate
morrison
crimes
lopez
possession
guns
near
school
property
discharge
fill
material
nation
waters
almost
always
undertaken
economic
reasons
see
albrecht
goode
wetland
regulation
real
world
exh
demonstrating
overwhelming
majority
acreage
permits
sought
intended
commercial
industrial
economic
use
moreover
one
disputes
discharge
fill
isolated
waters
serve
migratory
bird
habitat
aggregate
adversely
affect
migratory
bird
populations
see
secretary
interior
report
congress
impact
federal
programs
wetlands
lower
mississippi
alluvial
plain
prairie
pothole
region
noting
isolated
phase
waters
among
important
also
threatened
ecosystems
hey
prime
nesting
grounds
many
species
north
american
waterfowl
provide
percent
production
migratory
waterfowl
petitioner
dispute
particular
waters
seeks
fill
home
many
important
species
migratory
birds
including
breeding
colony
great
blue
herons
northeastern
illinois
app
pet
cert
several
species
waterfowl
protected
international
treaty
illinois
endangered
species
laws
brief
federal
respondents
addition
intrinsic
value
migratory
birds
see
missouri
holland
noting
importance
migratory
birds
protectors
forests
crops
food
supply
undisputed
literally
millions
people
regularly
participate
birdwatching
hunting
activities
generate
host
commercial
activities
great
causal
connection
filling
wetlands
decline
commercial
activities
associated
migratory
birds
attenuated
morrison
direct
concrete
cf
gibbs
babbitt
relationship
red
wolf
takings
interstate
commerce
quite
direct
red
wolves
red
wolf
related
tourism
finally
migratory
bird
rule
blur
distinction
truly
national
truly
local
morrison
holding
water
article
commerce
migratory
birds
waters
rely
resources
moreover
protection
migratory
birds
federal
responsibility
justice
holmes
noted
missouri
holland
federal
interest
protecting
birds
first
magnitude
transitory
nature
protected
national
action
ibid
whether
necessary
appropriate
refuse
allow
petitioner
fill
ponds
question
voice
whether
federal
government
power
require
permission
however
question
easily
answered
commerce
clause
empowers
congress
regulate
particular
activities
causing
air
water
pollution
environmental
hazards
may
effects
one
state
hodel
also
empowers
congress
control
individual
actions
aggregate
effect
perez
wickard
merit
petitioner
constitutional
argument
affirm
judgment
appeals
respectfully
dissent
footnotes
corps
issued
migratory
bird
rule
without
following
notice
comment
procedures
outlined
administrative
procedure
act
relying
upon
earlier
decision
hoffman
homes
epa
report
census
bureau
appeals
found
approximately
million
americans
spent
billion
hunt
migratory
birds
percent
crossing
state
lines
another
million
americans
observed
migratory
birds
million
traveling
purpose
observing
shorebirds
see
respondents
refer
us
portions
legislative
history
believe
indicate
congress
intent
expand
definition
navigable
waters
although
conference
report
includes
statement
conferees
intend
term
navigable
waters
given
broadest
possible
constitutional
interpretation
conf
neither
anything
else
legislative
history
respondents
point
signifies
congress
intended
exert
anything
commerce
power
navigation
indeed
respondents
admit
legislative
history
somewhat
ambiguous
see
brief
federal
respondents
bill
passed
house
similarly
worded
amendment
bill
originating
senate
failed
see
cong
rec
bob
jones
univ
example
upheld
internal
revenue
service
irs
revenue
ruling
revoked
status
private
schools
practicing
racial
discrimination
irs
interpretation
relevant
statutes
correct
congress
held
hearings
precise
issue
making
hardly
conceivable
congress
setting
member
congress
abundantly
aware
going
fewer
bills
introduced
overturn
irs
interpretation
failed
absent
overwhelming
evidence
acquiescence
loath
replace
plain
text
original
understanding
statute
amended
agency
interpretation
see
consumer
product
safety
gte
sylvania
ven
otherwise
useful
subsequent
legislative
history
rarely
override
reasonable
interpretation
statute
gleaned
language
legislative
history
prior
enactment
respondents
cite
example
senate
report
referred
corps
isolated
waters
regulation
see
however
report
reiterated
committee
amendment
redefine
navigable
waters
ibid
respondents
also
make
passing
reference
congress
decision
exempt
certain
types
discharges
including
example
discharge
dredged
fill
material
purpose
construction
maintenance
farm
stock
ponds
irrigation
ditches
maintenance
drainage
ditches
stat
regulates
dredged
fill
material
discharged
navigable
waters
congress
decision
exempt
certain
types
discharges
affect
much
less
address
definition
navigable
waters
violations
cwa
carry
criminal
penalties
see
petitioner
invokes
rule
lenity
another
basis
rejecting
corps
interpretation
cwa
brief
petitioner
need
address
alternative
argument
see
shabani
footnotes
see
adler
landman
cameron
clean
water
act
years
later
see
also
app
pet
cert
brief
riverside
bayview
district
riverside
bayview
found
direct
hydrological
connection
parcel
issue
nearby
navigable
waters
app
pet
cert
riverside
bayview
wetlands
characteristics
parcel
due
surface
groundwater
connection
actually
navigable
water
poor
drainage
resulting
lamson
soil
underlay
property
brief
respondent
riverside
bayview
nevertheless
found
occasional
surface
runoff
property
nearby
waters
constitute
meaningful
connection
riverside
bayview
brief
riverside
bayview
course
ecological
connection
wetlands
nearby
waters
also
played
central
role
decision
riverside
bayview
types
connection
also
present
many
possibly
isolated
waters
brief
gene
likens
et
al
amici
curiae
indeed
although
majority
petitioner
refer
waters
petitioner
site
isolated
ante
brief
petitioner
role
habitat
migratory
birds
birds
serve
important
functions
ecosystems
waters
throughout
north
america
suggests
ecologically
speaking
waters
issue
case
anything
isolated
see
also
rivers
harbors
appropriations
act
stat
river
harbor
act
stat
river
harbor
appropriations
act
stat
river
harbor
appropriations
act
stat
house
committee
government
operations
followed
lead
advocated
use
pollution
control
provision
pp
president
nixon
responded
issuing
executive
order
fed
reg
revoked
exec
order
fed
reg
created
refuse
act
permit
program
power
fox
chicken
coop
regulatory
program
army
corps
engineers
rev
hereinafter
power
program
ended
soon
started
however
district
reading
language
literally
held
permit
program
invalid
ibid
see
kalur
resor
supp
dc
fwpca
applied
interstate
waters
stat
subsequently
harmonized
rivers
harbors
act
like
earlier
statute
fwpca
defined
jurisdiction
reference
navigable
waters
pub
stat
none
early
versions
fwpca
fairly
described
establishing
comprehensive
approach
problem
contain
within
several
elements
later
employed
cwa
milwaukee
illinois
rehnquist
congress
intended
something
quite
different
act
rodgers
environmental
law
air
water
pp
describing
early
versions
fwpca
definition
navigable
water
earlier
versions
fwpca
made
express
reference
navigability
stat
version
adopted
house
representatives
defined
navigable
waters
navigable
waters
including
territorial
seas
reprinted
leg
hist
cwa
ultimately
defined
navigable
waters
simply
waters
including
territorial
seas
corps
later
acknowledged
regulations
limited
section
permit
program
waters
regulated
river
harbor
act
fed
reg
although
refusing
defer
corps
present
interpretation
statute
ante
majority
strangely
attributes
significance
corps
initial
reluctance
read
act
expanding
jurisdiction
ante
respondents
put
forward
persuasive
evidence
corps
mistook
congress
intent
stranger
still
construing
statute
extending
nonnavigable
tributaries
adjacent
wetlands
majority
reads
statute
broadly
regulations
seems
willing
accept
correct
construction
corps
jurisdiction
make
clear
text
abundant
evidence
corps
wrong
wrong
today
see
natural
resources
defense
council
callaway
supp
dc
holland
supp
md
letter
head
army
corps
engineers
epa
administrator
expressed
disagreement
corps
parsimonious
view
jurisdiction
cwa
section
federal
water
pollution
control
act
amendments
hearings
senate
committee
public
works
letter
dated
june
russell
train
administrator
epa
gribble
chief
corps
engineers
epa
agency
generally
administers
cwa
except
otherwise
provided
see
also
op
atty
congress
intended
confer
upon
administrator
epa
final
administrative
authority
determine
reach
term
navigable
waters
house
committee
government
operations
noted
disagreement
epa
corps
meaning
navigable
waters
ultimately
expressed
agreement
epa
broader
reading
statute
pp
fed
reg
amended
cfr
migratory
bird
rule
upon
corps
based
assertion
jurisdiction
case
merely
specific
application
general
jurisdictional
definition
first
adopted
rules
rule
operates
rule
thumb
identifying
waters
fall
within
corps
jurisdiction
phase
waters
first
appeared
preamble
repromulgation
corps
definition
navigable
waters
fed
reg
corps
stated
preamble
repromulgation
intended
alter
jurisdiction
way
ibid
instead
corps
indicated
migratory
bird
rule
enacted
simply
clarif
scope
existing
jurisdictional
regulations
ibid
majority
appears
believe
position
consistent
riverside
bayview
case
reservation
question
whether
corps
jurisdiction
extends
certain
wetlands
necessarily
adjacent
waters
clear
context
question
reserved
riverside
bayview
concern
isolated
waters
issue
case
rather
isolated
wetlands
see
called
upon
address
question
authority
corps
regulate
discharges
fill
material
wetlands
adjacent
bodies
open
water
unlike
open
waters
present
petitioner
site
wetlands
lands
inundated
saturated
surface
ground
water
frequency
duration
sufficient
support
normal
circumstances
support
prevalence
vegetation
typically
adapted
life
saturated
soil
conditions
wetlands
generally
include
swamps
marshes
bogs
similar
areas
cfr
believe
actually
navigable
waters
lie
heart
congress
commerce
power
isolated
nonnavigable
waters
lie
closer
well
within
margin
isolated
wetlands
marginally
waters
marginal
category
waters
potentially
covered
statute
question
extension
federal
jurisdiction
category
waters
riverside
bayview
reserved
question
presented
case
event
attach
significance
report
statement
committee
amendments
redefine
navigable
waters
one
must
first
accept
majority
erroneous
interpretation
act
report
upon
majority
relies
fwpca
exercised
comprehensive
jurisdiction
nation
waters
control
pollution
fullest
constitutional
extent
reprinted
leg
hist
cwa
emphases
added
even
flawed
reading
earlier
statute
correct
however
language
points
counsel
finding
congressional
acquiescence
corps
regulations
quite
contrary
perspective
congress
regulations
constituted
status
quo
proposed
amendments
sought
alter
considering
report
favorable
references
corps
continu
ing
jurisdiction
phase
waters
language
concerning
failure
amendments
redefine
navigable
waters
cuts
strongly
majority
position
instead
completely
excises
phase
waters
scope
act
ibid
fact
petitioner
conceive
people
may
discharge
fill
noneconomic
reasons
weaken
legitimacy
corps
jurisdictional
claims
observed
perez
class
activities
regulated
class
within
reach
federal
power
courts
power
excise
trivial
individual
instances
class
internal
quotation
marks
omitted
bird
species
using
petitioner
site
habitat
include
great
egret
heron
night
heron
canada
goose
wood
duck
mallard
greater
yellowlegs
belted
kingfisher
northern
waterthrush
louisiana
waterthrush
swamp
sparrow
blackbird
brief
petitioner
congress
office
technology
assessment
found
million
americans
hunted
migratory
birds
spending
million
congress
office
technology
assessment
wetlands
use
regulation
mar
million
americans
spent
almost
billion
watch
photograph
fish
wildlife
ibid
million
birdwatchers
million
took
trips
order
observe
feed
photograph
waterfowl
million
took
trips
specifically
view
birds
herons
like
residing
petitioner
site
dept
interior
fish
wildlife
service
dept
commerce
bureau
census
national
survey
fishing
hunting
recreation
issued
justice
thomas
member
expressed
disagreement
aggregation
principle
lopez
concurring
opinion