Holy cow! On the week I've been on a pseudo-vacation and haven't been following the news, I learn that a major enumerated powers case is accepted for review. The questions under review are:
1. Does the Clean Water Act reach wetlands that are neither navigable waters nor immediately adjacent to navigable waters.
2. If so, does the Clean Water Act exceed Congress' authority under the Commerce Clause.
Tim Sandefur blogged extensively about the Rapanos case here. C&F's coverage of a Rapanos-like case, United States v. Gerke Excavating, is available here.
UPDATE: The Pacific Legal Foundation, the public-interest law firm representing Mr. Rapanos, has issued a press release that is available here. The Rapanos cert. petition is available here.
