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Supreme Court Narrowly Defines “Waters of the United States” in Landmark Wetlands Ruling
Table of Contents
The Supreme Court’s May 25, 2023, decision in Sackett v. Environmental Protection Agency significantly restricts the federal government’s authority to regulate wetlands,impacting environmental protections and sparking debate over the future of clean water regulations. This article provides a comprehensive overview of the ruling, its implications, and what comes next.
At a Glance
- What: Supreme Court ruling limiting the EPA’s authority under the Clean Water Act.
- Where: United States, impacting wetlands nationwide.
- When: May 25, 2023 (Decision Date).
- Why it Matters: Reduces federal protection for approximately half of the nation’s wetlands.
- What’s Next: EPA is revising its regulations to align with the ruling; further legal challenges are expected.
Background: The Clean Water Act and “Waters of the United States”
The Clean Water Act (CWA), enacted in 1972, is the primary federal law governing water pollution. A key component of the CWA is Section 404, which requires a permit for the discharge of dredged or fill material into “waters of the United States.” the definition of “waters of the United States” has been a source of legal contention for decades. The EPA and Army Corps of Engineers have historically interpreted this phrase broadly to include wetlands adjacent to navigable waters, based on the “critically importent nexus” standard.
The “significant nexus” standard, established in prior court cases, determined that wetlands were covered by the CWA if they had a significant hydrological connection to traditionally navigable waters. This connection could be through surface flow, groundwater flow, or other means.
The Sackett v. EPA Case
Michael and Chantell Sackett, an Idaho couple, sought to build a home on their property, which contained wetlands. The EPA issued a compliance order, asserting jurisdiction over the wetlands under the CWA. The Sacketts challenged the EPA’s authority, arguing that their property did not contain “waters of the United States” as defined by the Act. The case worked its way through the courts, ultimately reaching the Supreme Court.
The central question before the Court was whether the CWA extends its reach to wetlands that are not directly adjacent to larger bodies of water but have a significant hydrological connection to them.
The Supreme Court’s Ruling
On May 25, 2023, the Supreme Court ruled 5-4 in favor of the Sacketts. The Court significantly narrowed the definition of “waters of the United States,” holding that the CWA only applies to wetlands with a ”continuous surface connection” to traditionally navigable waters. This means that wetlands must be directly adjacent to a body of water to be federally protected. the Court rejected the EPA’s “significant nexus” standard.
Justice Samuel alito, writing for the majority, stated that the EPA’s broad interpretation of the CWA exceeded its statutory authority. The dissenting justices argued that the ruling would weaken environmental protections and jeopardize the health of the nation’s waterways.