Supreme Court Revisits Scope of 'Waters of the United States' (WOTUS) Under the Clean Water Act [March 11, 2022] [open pdf - 752KB]
From the Document: "On January 24, 2022, the Supreme Court agreed [hyperlink] to review 'Sackett v. EPA [Environmental Protection Agency]', a long-running dispute regarding whether certain wetlands are 'waters of the United States' (WOTUS) subject to protection under the Clean Water Act (CWA). In 'Sackett', the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) upheld [hyperlink] the U.S. Environmental Protection Agency's (EPA's) assertion of jurisdiction over certain wetlands because the wetlands are WOTUS under a standard described in a prior Supreme Court decision [hyperlink]. The precise definition of WOTUS is important because it determines which waters are subject to federal government regulations and protections. The U.S. Army Corps of Engineers (Corps) and EPA--the two agencies tasked with implementing the CWA--use the definition of WOTUS to determine which water bodies are subject to a variety of requirements under the statute, including coverage in CWA permitting programs."
CRS Legal Sidebar, LSB10707
Congressional Research Service: https://crsreports.congress.gov/