Here is one group's thought.

Nearly five years ago, the Supreme Court ruled 5-4 that the Clean Water Act did not protect so-called �isolated� wetlands that provide critical habitat for migratory birds. Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, 531 U.S. 159 (January 9, 2001). Since the spring of 2004, the U.S. Army Corps of Engineers has opened more than 11,000 acres of wetlands to development in fifteen states, after determining that they are exempt from the Clean Water Act under the Court�s SWANCC decision. Our next Chief Justice may well determine whether our wetlands will continue to shrink because the federal power to protect them is cut back even further.