The Supreme Court did a classic wash with Kennedy now finding himself being in the center of the wishy without his pal O'Connor to swish-wish with in the muddy middle.
It was about the environment and the Clean Water Act today as they tried to decide if the federal government has jurisdiction (let's remind everyone again) UNDER the Constitution to stick their finger into someone's wetland that he wanted to develop.
Scalia got on track with Roberts, Alito, and Thomas to pull things back to the document they were suppose to represent instead of crafting convenient feelings into opinions.
Scalia had said the Corps of Engineers misinterpreted the term "waters of the United States."
"In applying the definition to 'ephemeral streams,' 'wet meadows,' storm sewers and culverts, ... man-made drainage ditches, and dry arroyos in the middle of the desert, the Corps has stretched the term 'waters of the United States' beyond parody," he wrote.
I do believe that gov't in general does have a responsibility to regulate the purity of water, but without a Constitutional amendment that power resides with the states and not the federal gov't.