On Jan. 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Corps of Engineers published a final rule defining “waters of the United States” (WOTUS) under the Clean Water Act despite the fact that a case on that issue was pending on the Supreme Court’s docket. The January rule is the subject of numerous challenges and is stayed in 27 states.
On May 25, 2023, the Supreme Court addressed the scope of Clean Water Act jurisdiction in Sackett v. EPA. All nine justices agreed that significant nexus is not a legitimate basis for establishing Clean Water Act jurisdiction. All nine justices agreed that the Sackett’s property in Idaho, which is separated from a large wetland by a road and separated from Priest Lake by dry land and a row of houses, is not regulated by the Clean Water Act.
Access the full article at Water Finance & Management: https://waterfm.com/whats-next-for-wotus-following-sackett-ruling/