On May 25, 2023, in Sackett v. Environmental Protection Agency, the U.S. Supreme Court issued a decision that has significantly affected the long-debated definition of “waters of the United States” and, by extension, the jurisdictional scope of the Clean Water Act (CWA). In response to this ruling, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) have drafted a new rule to adjust the definition accordingly.
On August 29, 2023, the proposed rule to revise the definition of “waters of the United States” was issued by these federal bodies, falling in line with the court’s decision in Sackett v. Environmental Protection Agency.
This alteration to the definition is anticipated to direct the course of future congressional, regulatory, and judicial interpretation and application of the CWA. The “waters of the United States” regulation has been a point of contention and uncertainty, influencing the reach of federal water protections and the abilities of industries and property owners to maneuver within these parameters. Thus, the Supreme Court’s verdict in Sackett v. EPA has been key in driving this revision.
The contents and further implications of the Sackett decision and its effect on the draft rule are not currently available in full. However, given the significance of the subject matter, this development is expected to elicit interest from and have far-reaching consequences for lawmakers, regulators, attorneys, property owners, and other stakeholders in the spheres of environmental protection and natural resource law.
For more details on this issue, please refer to the original reporting found here.