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clean water act



today, 1/9/01 the u.s. supreme court ruled  5-4,
that the army corps of engineers can't use the federal clean water act
to forbid the building of a landfill in a migratory bird habitat.
the area in question is in a community near chicago
that contains abandoned gravel pits that flood with water
and attract nesting and breeding shorebirds.
the court majority split along familiar ideological lines.
it ruled that congress intended the clean water act
to apply to large or navigable bodies of water...

i was wondering what this ruling means to endangered piping plover,
(population to which status applies: great lakes watershed in states of:

IL, IN, MI, MN, NY, OH, PA, and WI and Canada)
threatened piping plover,
(population to which status applies: entire,
except those areas where listed as endangered)
as well as other migratory species.
i believe the usf&w critical habitat designation applies in this area
(http://plover.fws.gov/).

any thoughts?

deb barreiro
tybee, ga