In a unanimous ruling, the U.S. Supreme Court said the U.S. Environmental Protection Agency had gone too far with its enforcement of the Clean Water Act.
The case, known as Sackett v. EPA, involved clarifying which waters the federal government has jurisdiction over as Waters of the U.S. (WOTUS).
“Indiana Farm Bureau is pleased that the Supreme Court, in Sackett v. EPA, has narrowed the reach of the ineffective federal clean water regulations,” said Indiana Farm Bureau President Randy Kron. “This is a victory for Indiana farmers who, for far too long, have had to deal with complicated and overreaching regulations on their farms. This ruling narrows the jurisdictional reach of the Clean Water Act and protects private property rights.”
According to the American Farm Bureau Federation, the court found the EPA and U.S. Army Corps of Engineers’ definition of WOTUS to be an overreach.
“Now farmers across the country can breathe a sigh of relief as we have been given the clarity we have been seeking and the federal government’s overreach has been put in check,” Kron said. “We now know that wetlands need a continuous surface connection to navigable waters to be regulated by the EPA and the Army Corps of Engineers.”
The Indiana Agricultural Law Foundation (INAgLaw) and INFB participated in the case by filing an amicus curiae, or “friend of the court,” brief.
“The Indiana Ag Law Foundation was proud to support this significant case,” Kron said.
The ruling does not directly impact the current rule explicitly, AFBF said, but it does say that the current rule would not withstand judicial scrutiny, and therefore the EPA and the U.S. Army Corps now need to write a new rule.
More about WOTUS and the Sackett v. EPA case can be found on AFBF’s website.