Attorney General Jon Bruning

News Release

                        FOR IMMEDIATE RELEASE                                   Contact: Holley Hatt

                        June 25, 2007 3:15pm CDT                                                     402.471.2067

Bruning Applauds U.S. Supreme Court’s

Ruling on Key Environmental Laws

(Lincoln, NE) Attorney General Jon Bruning today applauded a U.S. Supreme Court ruling that balances key state responsibilities under the Clean Water Act with the requirements of the Endangered Species Act.

In February, Bruning led a coalition of twelve states and the Commonwealth of Puerto Rico as amici curiae (or friends of the court) in arguing in favor of the balanced approach adopted by the Supreme Court today. The Court’s opinion limits the reach of the Endangered Species Act and insures that states retain authority to regulate water quality within their borders without additional restrictions.

“The Clean Water Act establishes a cooperative program between the states and the federal government that allows states to regulate and protect their water quality,” Bruning said. “The lower court decision allowed the Endangered Species Act to override Congress’ desire for local control. We could not accept that threat to state rights.”

“I am very pleased the Court adopted our approach. There is no reason these laws cannot be read in harmony. This opinion provides a common sense application of the Endangered Species Act.”

In 2003, environmental groups challenged in court an Environmental Protection Agency’s (EPA) decision to transfer authority to regulate water pollution to the State of Arizona under the Clean Water Act. The groups claimed the Endangered Species Act trumps all other federal laws.

The 9^th U.S. Circuit Court of Appeals agreed with the environmental groups that the Endangered Species Act imposed additional requirements not included in the Clean Water Act, and federal regulation of water pollution was necessary.

In reversing the lower court decision, the Supreme Court today agreed with the EPA and the states led by Nebraska that, once the express requirements of the Clean Water Act are met, the EPA is obligated to transfer regulatory authority to the state, and nothing in the Endangered Species Act changes that obligation. Nebraska was delegated regulatory authority under the act in 1974.

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