US Supreme Court Hears First Arguments Of New Term In Case Over Federal Water Regulation

US Supreme Court Hears First Arguments of New Term in Case Over Federal Water Regulation

The US Supreme Court began its new term on Monday by hearing oral arguments in a case to clarify the federal government's ability to regulate certain water systems in the United States, stemming from a dispute over the Environmental Protection Agency's (EPA) purview of wetlands

WASHINGTON (Pakistan Point News / Sputnik - 03rd October, 2022) The US Supreme Court began its new term on Monday by hearing oral arguments in a case to clarify the Federal government's ability to regulate certain water systems in the United States, stemming from a dispute over the Environmental Protection Agency's (EPA) purview of wetlands.

Starting in 2007, Idaho residents Michael and Chantell Sackett sought to build a home on lands they owned, which included wetlands. However, the couple were told that they needed a federal permit to construct a house on the property due to the presence of wetlands.

A federal court backed the EPA's right to regulate the wetlands due to the "significant nexus" standard, which they used to link the wetlands to other federally regulated waters. Under this standard, wetlands that do not connect to navigable waters but may affect them can be regulated.

The Sacketts are requesting the Supreme Court abandon the significant nexus standard and instead use a "continuous surface water connection" standard instead, which would narrow regulation to waters connected to traditional, interstate, navigable waters.

The case comes on the heels of the 50th anniversary of the Clean Water Act, which was made effective on October 19, 1972. The legislation established federal laws related to the environmental regulation of water, a duty primarily assigned to the EPA.

The arguments were the first heard by the Supreme Court as part of their new term. The case was also the first for which new Associate Justice Ketanji Brown Jackson was present on the bench.