HIGH COURT SPLITS MAY LIMIT LEGAL CERTAINTY IN FUTURE ENVIRONMENT SUITS

The Supreme Court's divided ruling last week on the scope of the Clean Water Act (CWA) underscores sharp divisions among the justices since President Bush's nominees joined the court, a dynamic legal observers say will almost certainly elevate Justice Anthony Kennedy's role as the key swing vote in future environmental cases. But several observers believe that the divisions are so sharp that the court may not be able to reach consensus in environmental cases, limiting prospects for regulatory certainty in...