Clean Water Act

The S. Ct. has granted two cases this term on the scope of the Clean Water Act. In the SD Warren v. Maine BEP case (No. 04-1527), Richard Lazarus and others have filed this brief for certain of the respondents. As Richard explains, “while this case may not be on many Court watchers’ lists of most significant pending cases, at least this brief solves at the outset the longstanding puzzle, akin to Fermat’s Theorem in math, regarding the hidden relationship between Section 401 of the Clean Water Act, the right to privacy, and the midnight ride of Paul Revere.”