Cite as: 531 U. S. 159 (2001)
Syllabus
state activities that substantially affect interstate commerce, raise significant constitutional questions, yet there is nothing approaching a clear statement from Congress that it intended § 404(a) to reach an abandoned sand and gravel pit such as the one at issue. Permitting respondents to claim federal jurisdiction over ponds and mudflats falling within the Migratory Bird Rule would also result in a significant impingement of the States' traditional and primary power over land and water use. The Court thus reads the statute as written to avoid such significant constitutional and federalism questions and rejects the request for administrative deference. Pp. 172-174.
191 F. 3d 845, reversed.
Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, post, p. 174.
Timothy S. Bishop argued the cause for petitioner. With him on the briefs were Kaspar J. Stoffelmayr, Sharon Swingle, and George J. Mannina, Jr.
Deputy Solicitor General Wallace argued the cause for respondents. With him on the brief for the federal respondents were Solicitor General Waxman, Assistant Attorney General Schiffer, Malcolm L. Stewart, and John A. Bryson. Myron M. Cherry filed a brief for respondents Village of Bartlett et al.*
*Briefs of amici curiae urging reversal were filed for the State of Alabama by Bill Pryor, Attorney General, Alice Ann Byrne, Assistant Attorney General, and Jeffrey S. Sutton; for the American Farm Bureau Federation et al. by William G. Myers III; for Arid Operations, Inc., by Charles L. Kaiser; for Cargill, Inc., by Leslie G. Landau, Edgar B. Washburn, and David M. Ivester; for the Cato Institute et al. by Theodore M. Cooperstein, William H. Mellor, Clint Bolick, Scott G. Bullock, Timothy Lynch, Robert A. Levy, and Ronald D. Rotunda; for the Center for the Original Intent of the Constitution by Michael P. Farris and Scott W. Somerville; for the Chamber of Commerce of the United States by Robert R. Gasaway, Jeffrey B. Clark, Daryl Joseffer, and Robin S. Conrad; for the Claremont Institute Center for Constitutional Jurisprudence by Edwin Meese III; for Defenders of Property Rights by Nancie G. Marzulla; for the National Association of Home Builders by Thomas C. Jackson; for the Nationwide
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