Solid Waste Agency of N. Cook Cty. v. U.S. Army Corps of Engineers

Congress passed laws which allow the executive branch of government to protect navigable waters. The respondents were using a gravel pit and ponds for waste landfill.

Whether an administrative interpretation of a Congressional statute to include isolated ponds in the definition of navigable waters because they are home to migratory birds falls under the scope of the Commerce clause.

Permitting the respondents to claim federal jurisdiction over ponds and mudflats falling within the “Migratory Bird Rule” would result in a significant impingement of the States’ traditional and primary power over land and water use.

Where an administrative interpretation of a statute invokes the outer limits of Congress’ power, a clear indication that Congress intended that result is necessary.