WASHINGTON - June 19 - In response to the Supreme Court ruling in Rapanos v. U.S. and Carabell v. Army Corps of Engineers the Sierra Club issued the following statement.

"We are concerned that, as Chief Justice Roberts laments, the "lower courts and regulated entities will now have to feel their way on a case-by-case basis." This decision creates a legal situation that will lead to endless administrative proceedings and legal challenges in the lower courts. We are encouraged however, that five of the nine justices recognized the incredible importance of protecting our nation’s wetlands and other waters and rejected the narrow interpretation of the Clean Water Act as put forth by Justices Scalia, Thomas, Alito and Roberts. This decision provides the perfect opportunity for Congress to pass the Clean Water Authority Restoration Act (HR. 1356 & S. 912), and thus clarify that it intended the broadest possible protections for our nation's waters.

It is also worth noting that in their first major environmental case, President Bush's two choices for the Supreme Court, Justices Roberts and Alito, aligned themselves with Justices Scalia and Thomas, who have the distinction of sharing the worst record in upholding environmental protections."

Background: The Clean Water Act, enacted in 1972, gave Congress the power to regulate discharge of pollutants into waters of the United States. The cases challenged the broad interpretation of the Clean Water Act, which protects not only lakes and rivers but the tributaries and wetlands that feed into those bodies of water.

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