Waters of The United States – Clarity for Our Shops
The United States Supreme Court just released their opinion on Sackett v. EPA written by Justice Alito. The opinion was unanimous, with other justices submitting concurring opinions while also arguing against certain points made in the Court’s opinion.
The opinion narrows the reading of the Clean Water Act- determining that the law only extends to wetlands that have a “continuous surface connection” with regulated waters of the U.S. (a relatively permanent body of water connected to traditional interstate navigable waters). This clarifies and objectively defines what is in fact a “water of the United States,” eliminating the ambiguity of the prior language and enforcement.
FULL SACKETT ET UX. v. ENVIRONMENTAL PROTECTION AGENCY DOCKET