‘Unanimous’ U.S. Supreme Court backs ARTBA in Clean Water Act case

All nine U.S. Supreme Court justices have backed the American Road & Transportation Builders Association (ARTBA) and refused to widen the scope of the federal Clean Water Act (CWA). ARTBA, the only transport construction association involved in the case, joined with eight other industry associations in filing a claim, urging the Court to overturn a lower court holding that the entire span of three rivers in Montana was “navigable” because certain remote sections are used for recreational pursuits. For trans
April 23, 2012 Read time: 2 mins
All nine U.S. Supreme Court justices have backed the American Road & Transportation Builders Association (ARTBA) and refused to widen the scope of the federal Clean Water Act (CWA).

ARTBA, the only transport construction association involved in the case, joined with eight other industry associations in filing a claim, urging the Court to overturn a lower court holding that the entire span of three rivers in Montana was “navigable” because certain remote sections are used for recreational pursuits.

For transport development purposes, once something is considered “navigable” it is under federal control, and subject to the permitting authority of the U.S. 1293 Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps). An expanded definition of “navigability” could have resulted in a scenario where the EPA and Corps would have the option of exerting jurisdiction over roadside ditches, potentially adding years to expansive review and approval processes for transport infrastructure projects.

However, Supreme Court justices unanimously refused to expand the definition of what is deemed “navigable” under federal law. The ruling, according to ARTBA, removes a road block that could have needlessly delayed transport improvements.

ARTBA has a second case before the Supreme Court relating to the CWA, with a ruling expected later this year.

For more information on companies in this article

Related Content

  • Costa Rica: environmental possibly loom for Route 32 to Moin port
    October 18, 2016
    A construction start to the extension of Route 32 between Rio Frio and Limon is set for another setback after the government demanded more environmental work to be done. La Republica newspaper is reporting that Costa Rica’s Secretariat of Environment (Setena) Wants China Harbour Engineering Company (CHEC), to provide more information on the environmental impact of the proposed 107km project. Marco Arroyo, president of Setena, has told CHEC would it has until April 2017 to provide the information on v
    Read More
  • Developing Brazil's transport infrastructure
    February 16, 2012
    The IRF and ABCR spoke with World Highways about the upcoming 7th Brazilian Congress on Highways and Concessions event
    Read More
  • Rebuilding better gravel roads more efficiently
    October 15, 2015
    Using a linear road crusher can rebuild gravel roads using material onsite at a fraction of the cost of conventional methods. Gravel roads are common in many rural areas in the US to provide access to temporary work sites and are also used widely in developing countries. Maintaining and repairing these roads can pose challenges and new methods may offer improvements in efficiency.
    Read More
  • G&Z pave the way as East meets West
    March 28, 2014
    The Silk Route is one of the oldest trading links between Europe and Asia and is being upgraded with some of the newest equipment. The nation of Georgia is located on what is known as the ‘crossroads’ between Western Asia and Eastern Europe. It lies to the east of the Black Sea and is on one of the shortest routes between western China and Europe. Since the Middle Ages this strategically important country has played host to one of the network of roads collectively known as the Silk Route. For much of the 20
    Read More

Highlighted Content