November 01, 2016

Turtles all the way down: Justice Scalia and the Clean Water Act

Mark A. Ryan

Despite his huge presence on the U.S. Supreme Court from 1986 to 2016, Justice Antonin Scalia did not loom large in Clean Water Act (CWA or Act) jurisprudence. Scalia authored only two CWA opinions during his lengthy tenure: Rapanos v. United States, 547 U.S. 715 (2006) and Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (2009). He participated in 20 CWA decisions while on the Court, and, as was his style, wrote separate concurring or dissenting opinions in almost half of those cases. The Justice frequently split his concurrence or dissent in each case based on the issues. He was anything but shy.

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