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Big fights loom over a few words in Obama admin proposal

The Army Corps of Engineers for decades took an expansive view of wetlands protection, using the Constitution's Commerce Clause to claim a federal interest in any marsh, swamp or bog used by migrating birds. But the Supreme Court ended the so-called Migratory Bird Rule in 2001's Solid Waste Agency of Northern Cook County (SWANCC) v. Army Corps of Engineers, and the corps scrambled for a legal life preserver. The agency fell back on a concept first instituted in 1977, claiming authority over wetlands "adjacent" to navigable waterways. But the meaning of "adjacent" is itself controversial and has become a key point of debate in the wake of the Obama administration's regulatory proposal to extend automatic protection to more streams and wetlands under the 1972 Clean Water Act.


Interior dream team parachutes into high-stakes grouse rescue

The Interior Department is scrambling to meet a September 2015 deadline to avert an Endangered Species Act listing for the greater sage grouse -- what some Westerners warn would be a political and economic disaster. Interior Secretary Sally Jewell has tasked the three people leading the agency's grouse rescue to work all angles -- political, bureaucratic and legal -- to save the grouse. It's a wildlife challenge without parallel in U.S. history.

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