Today, the Supreme Court handed down its ruling in Sackett vs. EPA, and the High Court overturned the 9th Circuit ruling that had been in EPA’s favor.
Justice Alito for the majority dramatically narrowed the amount of wetlands covered by the Clean Water Act to include only those with a “continuous surface connection” to larger bodies of water. This effectively rewrites the Clean Water Act to exclude wetlands that are adjacent to, but not directly connected to larger bodies of water.
This is considered a big win for agriculture. The majority opinion adopted the 2006 Waters of the U.S. rule.
The full rule is below:
Sackett Case.pdf
Roger McEowen with Washburn School of Law joined us on Market Day Report for a deeper dive into the ruling an what it means for the 2023 WOTUS rule.
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Farm legal expert Roger McEowen reviews the history of the Waters of the United States (WOTUS) rule and outlines how shifting definitions across multiple administrations have created regulatory confusion for landowners.
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