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The court ruled that the law’s protections for the “waters of the United States” apply only to wetlands and streams that are directly connected to navigable waterways.

Year after year, Caltrans moves mountains to keep that two-lane road navigable.

Army Corps of Engineers, which maintains the shipping channel in Baltimore to ensure that it is navigable, would fully cover the costs of clearing the channel.

An appeals court hundreds of miles away will determine later this year if a federal judge was right when he ordered the buoys removed for violating a law against construction on a navigable waterway.

In a 2-1 ruling the judges said the buoys along a 1,000-foot section of the river near Eagle Pass violated a 19th-century law giving national agencies purview over “navigable” rivers.