US Supreme Court rules against EPA in wetlands regulation challenge (with news compilation)

The 9-0 decision authored by conservative Justice Samuel Alito overturned a lower court's ruling against Chantell and Mike Sackett that had upheld the EPA's determination that their property near a lake contained wetlands protected by the Clean Water Act of 1972. The Sacketts have battled with the EPA for years over their plans to build a home on the property.

Although the court unanimously sided with the couple, four justices - including the court's three liberal members and conservative Brett Kavanaugh - disagreed with the new test announced by the court that was backed by the five other conservative justices. The four justices said the test could undermine water quality and flood control in the United States.

President Joe Biden said in a statement that the ruling upends the legal framework used for decades to combat water pollution and that his administration will "use every legal authority we have to protect our nation's waters."

"It puts our nation's wetlands - and the rivers, streams, lakes and ponds connected to them - at risk of pollution and destruction, jeopardizing the sources of clean water that millions of American families, farmers and businesses rely on," Biden said of the ruling.

______________________

Read also

Supreme Court limits EPA protection for wetlands, ruling for property rights over clean water, Los Angeles Times / May 25, 2023

Kan. Senator praises Court ruling for landowner in wetlands dispute, JC Post / May 25, 2023

Supreme Court rules against EPA in dispute over regulating wetlands, CBS News / May 25, 2023

Idaho couple victorious after Supreme Court rolls back federal safeguards for wetlands, KSL NewsRadio / May 25, 2023

Supreme Court Ruling Caters to Polluters, Makes Waters Dirtier for people, National Parks Conservation Association / May 25, 2023

_______________________

The ruling marked the latest instance of the court backing a challenge to the scope of the EPA's ability to regulate in the environmental arena under existing law. In a 6-3 rulinglast June powered by its conservative justices, it imposed limits on the EPA's authority to issue sweeping regulations involving greenhouse gas emissions from existing coal- and gas-fired power plants under a different environmental law, the Clean Air Act.

President Joe Biden said in a statement that the ruling upends the legal framework used for decades to combat water pollution and that his administration will "use every legal authority we have to protect our nation's waters."

"It puts our nation's wetlands - and the rivers, streams, lakes and ponds connected to them - at risk of pollution and destruction, jeopardizing the sources of clean water that millions of American families, farmers and businesses rely on," Biden said of the ruling.

The ruling marked the latest instance of the court backing a challenge to the scope of the EPA's ability to regulate in the environmental arena under existing law. In a 6-3 rulinglast June powered by its conservative justices, it imposed limits on the EPA's authority to issue sweeping regulations involving greenhouse gas emissions from existing coal- and gas-fired power plants under a different environmental law, the Clean Air Act.

Lower court challenges led to the enforcement of the new rule being halted in at least 27 states. Biden in April vetoed legislation that sought to overturn the rule but the Supreme Court's decision could cast doubt on the lawfulness of some parts of the new regulation.

The environmental advocacy group Earthjustice, which filed an amicus brief in the Sackett case, said the court's decision "undoes a half-century of progress generated by the Clean Water Act," eliminating protections from almost 90 million acres (36.4 million hectares) of wetlands.

Reporting by John Kruzel in Washington, Andrew Chung in New York and Nate Raymond in Boston; Editing by Will Dunham

‍