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Supreme Court Calls on Congress to Clarify Scope of Clean Water Act

WASHINGTON, D.C. – Today the Supreme Court of the United States issued its opinion in the case Sackett v. EPA, in a 9-0 decision, providing some measure of relief to those who wish to challenge the heavy-handed enforcement of an out-of-control Environmental Protection Agency.

“From this point forward, citizens like the Sacketts will be able to challenge the EPA in court before huge fines and other actions are levied against them,” Sen. Paul said. “This sends a resounding message to the Administration that ever-expanding bureaucracy and regulations cannot continue to go unchecked. I will continue to fight to rein in the EPA, and today’s decision is heartening that we will succeed.”

The court did not however take a stand against the larger abuses of the EPA. Rather, in a concurring opinion, Justice Samuel Alito specifically called on Congress to fix the law and clarify the definition of navigable waters, stating that “only clarification of the reach of the Clean Water Act can rectify the underlying problem.”

Sen. Paul’s bill, S. 2122, the Defense of Environment and Property Act of 2012, is the only legislation that would address these concerns and comply with the directions of the court in the Sackett case.

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