Supreme Court rules EPA overreached on WOTUS interpretation
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Published
6/5/2023
The U.S. Supreme Court ruled in a unanimous decision recently that the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers exceeded their authority with an overly broad definition of Waters of the United States (WOTUS) under the Clean Water Act.
The court found that the agencies erred in attempting to use the “significant nexus” test to classify wetlands on property owned by an Idaho couple as a WOTUS, subject to federal regulation. The court said the Clean Water Act’s use of “navigable waters” encompasses only relatively permanent, standing or continuously flowing bodies of water forming geographical features that are described...
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