The Environmental Protection Agency (EPA) is under fire from Republican lawmakers, states, and industry groups for its perceived slow reaction to the Supreme Court’s decision in Sackett v. EPA. This ruling marked out the boundaries for what is considered “waters of the United States,” and the fallout has had significant ramifications for the Army Corps of Engineers.
The Corps has stopped issuing jurisdictional determinations in the wake of the decision, effectively bringing the provision of new 404 Permits to standstill. According to the EPA’s website, these permits are crucial for “anyone wishing to deposit dredged or fill material into waters of the United States, including most wetlands,” holding significant implications for industries and developments such as construction, energy, and transportation.
The criticism the EPA faces is multifaceted, with detractors highlighting the agency’s apparent lack of agility and responsiveness to key legal decisions. Industry groups argue that this pause in permit issuance hampers key economic developments, whereas states and lawmakers have focused on the broader questions of jurisdiction and regulatory overreach.
With the Supreme Court’s ruling in Sackett v. EPA clearing the path for more geographically contained definitions of US waters, it is clear that the EPA must address its course of action swiftly. The resolution of this situation will undoubtedly shape the landscape for future environmental regulation and its impacts on development interests in the American territories.