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Supreme Court to take up WOTUS case

The Supreme Court on Monday said it would hear a challenge to the Environmental Protection Agency’s Waters of the United States rule.

The court granted a writ of certiorari on the question, “Whether the Ninth Circuit set forth the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act.”

American Farm Bureau Federation President Zippy Duvall said he was pleased the court had agreed to hear Sackett v. Environmental Protection Agency, which challenges EPA’s Clean Water Act jurisdiction.



“AFBF is pleased that the Supreme Court has agreed to take up the important issue of what constitutes ‘Waters of the U.S.’ under the Clean Water Act,” Duvall said.

“Farmers and ranchers share the goal of protecting the resources they’re entrusted with, but they shouldn’t need a team of lawyers to farm their land. We hope this case will bring more clarity to water regulations,” he said.



“In light of today’s decision, we call on EPA to push pause on its plan to write a new WOTUS rule until it has more guidance on which waters fall under federal jurisdiction. For the past 10 years, Farm Bureau has led the charge on elevating the issue of government overreach in water regulations. The goal is simple, clean water and clear rules.”


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