U.S. Supreme Court Rules on Sackett v. EPA

In a highly anticipated Clean Water Act (CWA) case with important environmental implications, the US Supreme Court has adopted a much narrower interpretation of the CWA's definition of "waters of the United States." This decision, rendered May 25, 2023, effectively transfers considerable authority of water-related matters from the federal government to the individual states.

The majority opinion in the Sackett v. Environmental Protection Agency (EPA) case, written by Justice Alito, provides a more limited scope for the term "waters of the United States" that fall under CWA regulation. According to the ruling, such waters include "streams, oceans, rivers, and lakes," as well as wetlands that maintain a "continuous surface connection" with those water bodies. The ruling restrains the US Army Corps of Engineers (USACE) and EPA from excessively and inconsistently regulating private land use, which is what happened nearly two decades ago when the "Sacketts," an Idaho couple began to backfill low spots on their property to build a home. The couple was notified by the EPA that the act of backfilling on their property constituted a violation of the Clean Water Act (CWA). This was due to their property being situated on wetlands that were adjacent to "waters of the United States." Specifically, there was a drainage ditch on their property that flowed into a creek, ultimately connecting to the lake.

In the Sackett case, the USACE/EPA went beyond the scope intended by Congress when they regulated a man-made ditch on a residential property under the Clean Water Act. While the SCOTUS Justices may have had different reasons, they all agreed that this constituted regulatory overreach far exceeding Congress's intent. This determination also brings environmental advantages by enabling the allocation of resources and funds towards addressing the well-being of coastal waters, bays, estuaries, navigable rivers, and their main tributaries. This aligns with the original purpose envisioned by Congress.

The new Supreme Court ruling in Sackett v EPA restrains the US Army Corps of Engineers and EPA from excessively and inconsistently regulating private land use.