25 May United States Supreme Court Restores “Common Sense” WOTUS Rule
Posted at 11:21h in Industry News, Regulatory
On Thursday, May 25, the United States Supreme Court has ruled in the long-running Sackett v. EPA case to reduce the United States Environmental Protection Agency’s ability to regulate wetlands under the Clean Water Act.
The Justices concluded the Clean Water Act extends only to those, “Wetlands with a continuous surface connection to bodies that are waters of the United States in their own rights.”
The Clean Water Act allows the regulation of discharges into what the law calls “waters of the United States.” The question for the justices was how to determine which wetlands qualify as such waters.
The ruling is seen as legal certainty for agricultural retailers and their producer customers.