The Supreme Court on Jan. 24 granted Idaho couple Michael and Chantell Sackett a new hearing in their Clean Water Act (CWA) case with the Environmental Protection Agency (EPA).
The hearing will determine whether the 9th Circuit Court of Appeals followed the proper determinations for whether wetlands are “waters of the U.S.” (WOTUS) under the CWA.
The couple’s case stems from a two-thirds of an acre lot where they wanted to build a home in Idaho and whether it contained a wetland. The battle between the Sacketts and EPA has been ongoing for the past 15 years, and the Supreme Court’s decision could impact how EPA and the Army Corps of Engineers determine the proper test for defining whether a wetland is WOTUS, which could seriously impact producers and landowners.
The American Farm Bureau Federation expressed their approval for the hearing, with President Zippy Duvall saying, “We hope this case will bring more clarity to water regulations.”
