Later today I will be testifying before the Senate Environment Committee’s subcommittee on fisheries, wildlife and water on the implications of the Supreme Court’s opinion in Rapanos v. United States. In short, I will be discussing how to interpret the Court’s 4-1-4 split, how the Rapanos decision imposes some meaningful limits on the scope of federal regulatory jurisdiction under the Clean Water Act, and how the federal government should respond to the decision. I hope to post a copy of my testimony, and other thoughts on the hearing, later today.
UPDATE: A PDF of my testimony is here.