The states this week filed friend of the court briefs in two lawsuits involving Michigan landowners that the U.S. Supreme Court has combined and agreed to consider.
The lawsuits consider whether the Army Corps of Engineers has the authority to require permits to develop wetlands that are not closely connected to navigable waters.
Both landowners lost their arguments in the 6th U.S. Circuit Court of Appeals.
The states side with the two Michigan landowners.
The landowners claim that the Corps of Engineers improperly required them to obtain permits to develop their wetlands.
Courts have ruled that the federal government has authority to regulate any action that affects ''navigable'' waters, which generally are waters that can be used for commercial traffic. The authority is based on the commerce clause of the U.S. Constitution.
Nearly half of Alaska is covered by wetlands, ''more than in all other states combined,'' according to the Alaska brief.
In a 2001 decision, the Supreme Court said the Corps cannot require wetlands permits for development if the land is ''isolated'' from navigable waters.


