High court may restrict federal agencies' authority over wetlands

The Supreme Court on Tuesday said it will consider cases that might restrict the government's authority to regulate wetlands, taking up claims that federal regulations have overreached by restricting development miles from waterways.

The cases highlight a long-running struggle among environmentalists, federal authorities and developers and might provide insight into how new Chief Justice Roberts approaches the sensitive topic of the limits of the federal government's authority, the Associated Press reported.

In one case, justices will decide if the Army Corps of Engineers had the authority to restrict the development of a condominium in Macomb County, Mich. The government contends the work could pollute Lake St. Clair, which connects Lake Huron and Lake Erie.

Justices also agreed to hear a case involving the 1972 Clean Water Act. It was filed by the owner of hydroelectric dam projects in Maine that provide electricity for the company's paper mill. Lawyers for S.D. Warren Co. argue that the company should not be required to get permits for some of its operations.

Solicitor General Paul Clement said the government has long-standing power to protect waterways, even if that means limits on pollution on nearby land.