The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (referred to collectively as the agencies in this article) are in receipt of the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency.
Considering this decision, the agencies are interpreting “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies are developing a rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023, consistent with the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. The agencies intend to issue a final rule by September 1, 2023.
The case originated after the Sacketts began building a new home in Idaho and placed a large quantity of sand and gravel on their empty plot of land. The EPA soon notified the Sacketts that their property contained protected wetlands that qualify as “navigable waters” or “waters of the United States” under the Clean Water Act and that all construction must stop.
The Sacketts argued there was no direct connection between their property and the federally protected waters, and that the EPA had no jurisdiction over their property. The case has been working its way through the court system since 2012 before finally arriving at the Supreme Court. Click here to read more about the Supreme Court’s ruling.