Sackett v. EPA: Landowners Claim Victory in WOTUS Decision
May 25, 2023 The SCOTUS has reversed the judgment of the United States Court of Appeals for the Ninth Circuit, ruling in favor the wetlands on the Sacketts’ property are distinguishable from any possibly covered waters under current law.
The Courts Opinion written by Justice Alito found that:
"In sum, we hold that the CWA extends to only those “wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their own right,” so that they are “indistinguishable” from those waters. Rapanos, 547 U. S., at 742, 755 (plurality opinion) (emphasis deleted); see supra, at 22. This holding compels reversal here. The wetlands on the Sacketts’ property are distinguishable from any possibly covered waters."
The majority opinion adopted the 2006 Waters of the U.S. rule.
American Farm Bureau Federation President Zippy Duvall commented today on the U.S. Supreme Court decision to hear Sackett v. Environmental Protection Agency, which challenges EPA’s overreach of its Clean Water Act jurisdiction.
“AFBF is pleased that the Supreme Court has agreed to take up the important issue of what constitutes ‘Waters of the U.S.’ under the Clean Water Act. Farmers and ranchers share the goal of protecting the resources they’re entrusted with, but they shouldn’t need a team of lawyers to farm their land. We hope this case will bring more clarity to water regulations.
“In light of today’s decision, we call on EPA to push pause on its plan to write a new WOTUS rule until it has more guidance on which waters fall under federal jurisdiction. For the past 10 years, Farm Bureau has led the charge on elevating the issue of government overreach in water regulations. The goal is simple, clean water and clear rules.”
This is a developing story.
Source: Western Ag Network, AFBF