Justice Kennedy noted his frustration with the breadth of the Clean Water Act and expansion of EPA's power.

  

The biggest concern for landowners regarding the Clean Water Act (CWA) is expanding federal jurisdiction on private property.

 

Waters got murkier with a recent U.S. Supreme Court opinion written by Justice Anthony Kennedy in the unanimous decision on the Army Corps of Engineers vs. Hawkes case.

 

Specifically, the Hawkes case focuses on whether landowners may challenge the federal government whenever the Army Corps of Engineers tries improperly to regulate land with regulations designed to protect water.

 

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