Supreme Court rules against EPA in dispute over regulating wetlands [View all]

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Last edited Thu May 25, 2023, 12:03 PM - Edit history (1)

Source: CBS News

Washington -- The Supreme Court on Thursday curtailed the Environmental Protection Agency's authority to regulate certain wetlands that qualify as "waters of the United States" under the Clean Water Act, curbing what has long been seen as a key tool to protect waterways from pollution.

The high court ruled against the agency in a long-running dispute with Idaho landowners known as Sackett v. EPA. In an opinion authored by Justice Samuel Alito, the court found that the agency's interpretation of the wetlands covered by the Clean Water Act is "inconsistent" with the law's text and structure, and the law extends only to "wetlands with a continuous surface connection to bodies of water that are 'waters of the United States' in their own right."

While the majority acknowledged that weather and climate events like low tides and dry spells can cause "temporary interruptions" between bodies of waters covered by the law, the court said that wetlands protected under the Clean Water Act should be otherwise "indistinguishable" from other regulated waters.

The Supreme Court's ruling reverses a decision by the U.S. Court of Appeals for the 9th Circuit, which sided with the EPA. The court ruled unanimously in favor of the Idaho couple, Michael and Chantell Sackett, that brought the case, but split 5-4 in its reasoning. Joining Alito's majority opinion were Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett. Justices Brett Kavanaugh, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson concurred in the judgment.

Read more: https://www.cbsnews.com/news/supreme-court-epa-clean-water-act/

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Link to opinion - https://www.supremecourt.gov/opinions/22pdf/21-454_4g15.pdf

Article updated.

Original article -

Washington -- The Supreme Court on Thursday ruled against the Environmental Protection Agency in a dispute over its authority to regulate certain wetlands under the Clean Water Act, long seen as a key tool to protect waterways from pollution.

In an opinion authored by Justice Samuel Alito in the case known as Sackett v. EPA, the high court found that the agency's interpretation of the wetlands covered under the Clean Water Act is "inconsistent" with the law's text and structure, and the law extends only to "wetlands with a continuous surface connection to bodies of water that are 'waters of the United States' in their own right."

Five justices joined the majority opinion by Alito, while the remaining four -- Justices Brett Kavanaugh, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson -- concurred in the judgment.

The decision from the conservative court is the latest to target the authority of the EPA to police pollution. On the final day of its term last year, the high court limited the agency's power to regulate greenhouse gas emissions from power plants, dealing a blow to efforts to combat climate change.