Unanimous U.S. Supreme Court Sides with ARTBA in Clean Water Act Case

Mon February 27, 2012 - National Edition

All nine justices on the U.S. Supreme Court agreed with the American Road & Transportation Builders Association (ARTBA) and refused to widen the scope of the federal Clean Water Act. In PPL Montana, LLC v. Montana, the Court February 22 unanimously declined to expand the definition of what is considered “navigable” under federal law. The ruling removes a road block that could have needlessly delayed transportation improvements.

ARTBA joined with eight other industry associations in filing a brief, 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 purposes.

For purposes of transportation development, once something is considered “navigable” it is under federal control, and subject to the permitting authority of the U.S. Environmental Protection Agency and the Army Corps of Engineers. 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 already expansive review and approval process for transportation infrastructure projects that are needed for increased mobility and improved safety.

For 20 years, ARTBA has been the transportation design and construction industry’s primary legal advocate. The association has a second case before the Supreme Court relating to the Clean Water Act, with a ruling expected later this year. Two additional ARTBA-supported Clean Water Act cases are pending in the federal courts. In total, ARTBA’s efforts have allowed nearly $50 billion in approved—yet challenged—state, regional and local transportation projects and plans to move forward since 1993.

The full text of the association’s brief can be found in the “current advocacy efforts” section of www.artba.org.