In late May, the U.S. Supreme Court issued a ruling that narrowed the definition of water in the Clean Water Act. This is the second recent court decision that significantly affects the regulatory authority of the Environmental Protection Agency. Less than 11 months earlier, a Supreme Court ruling curbed the EPA’s authority to limit coal plant emissions.

The May 2023 decision affecting the Clean Water Act pertains to wetlands. Michael and Chantell Sackett own a parcel of land about 300 feet from Priest Lake, one of Idaho’s largest lakes. The Sacketts want to build a house on their land, but the property has been considered part of a large wetland complex that, like all wetlands, requires a permit for any type of development. A government agency denied a Sackett petition for developing their land, and the case eventually reached the Supreme Court. A majority of the Supreme Court ruled in favor of the family.

At the heart of the Sackett family case was the definition of wetlands, which have long been protected under the Clean Water Act enacted in 1972. Wetlands have generally been defined as areas that are wet for all or part of a year, such as bogs, marshes, swamps, and fens. Development has not been allowed on wetlands that are adjacent to a body of water, even if a levee or other barrier separates the two. The definition of water has been vague in the Clean Water Act, however. In its recent ruling, the court determined that wetlands must have a continuous surface connection to a navigable body of water. Accordingly, the ruling specifies that wetlands must directly adjoin rivers, lakes, and other bodies of water. 

Proponents of the decision indicate that there is now a clear, workable standard for regulators to utilize in implementing the Clean Water Act.  Organizations focused on property rights applaud the decision as a clarification of the freedoms of landowners, including water. Critics of the decision maintain that scaling back the scope of the EPA’s authority could have devastating effects on water quality, including a possible increase in pollution, disruption of ecosystems, and harm to wildlife.  They note that wetlands often serve as a buffer that will disappear with additional development, thereby increasing the risk of contaminated water runoff and related issues. 

For over seven years, Rachel Powell has worked as a Chemical Data Management Specialist at Cornerstone. She assists clients in setting up and maintaining their Safety Data Sheet FOUNDATION System and facilitates new user training monthly. Additionally, each year, she files Tier II Emergency and Chemical Reports on behalf of our clients.