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STOP PRESS

05/25/2023

SCOTUS Rules on WOTUS. Rejects EPA Rule

 

In a 5 to 4 decision the Supreme Court of the United States (SCOTUS) ruled in favor of the Plaintiff in Sackett v EPA, reversing a 9th Circuit Court decision. The majority held that  “only wetlands with a continuous surface connection to a body of water are covered by the Clean Water Act.”  The decision, hailed by agricultural organizations, defines the jurisdiction of the Environmental Protection Agency with regard to wetlands. The outcome of the case will necessitate a complete redrafting of the “WOTUS Rule” regarded as premature, given ongoing litigation. EGG-NEWS will comment on the implications of the ruling in an upcoming edition.