The Supreme Court on Thursday curtailed the Environmental Protection Agency’s authority to police water pollution, ruling that the Clean Water Act does not allow the agency to regulate discharges into some wetlands near bodies of water.
The court held that law covers only wetlands “with a continuous surface connection” to those waters, Justice Samuel A. Alito Jr. wrote for five justices.
The decision was nominally unanimous, with all the justices agreeing that the homeowners who brought the case should not have been subject to the agency’s oversight. But there was sharp disagreement about the majority’s reasoning.
Justice Brett M. Kavanaugh, joined by the three liberal justices in a concurring opinion, said the decision would harm the E.P.A.’s ability to combat pollution.
“By narrowing the act’s coverage of wetlands to only adjoining wetlands,” he wrote, “the…
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