The Supreme Court appears to be preparing to hear cases related to the Waters of the United States (WOTUS) definition again, as legal challenges and regulatory changes continue to unfold around this contentious environmental and regulatory issue. The WOTUS definition determines which waters and wetlands fall under federal protection and regulation under the Clean Water Act, a law critical for controlling pollution and preserving water quality across the United States.
This issue has a long and complex history, marked by shifting regulatory definitions, Supreme Court rulings, and political changes. The definition of WOTUS has been repeatedly revised and contested, reflecting tensions between environmental protection goals and economic or property rights concerns.
In recent years, the Supreme Court has narrowed the scope of waters protected under the Clean Water Act. A key ruling in 2023, Sackett v. EPA, held that only wetlands with a “continuous surface connection” to a relatively permanent body of water qualify for federal protection. This decision significantly limited the federal government’s regulatory reach over many wetlands and streams, especially those that are intermittent or groundwater-fed. The ruling has prompted the Environmental Protection Agency (EPA) and the Army Corps of Engineers to reconsider and revise the WOTUS definition to align with the Court’s guidance.
Following this, the Biden administration has been working on finalizing a permanent WOTUS definition that attempts to restore some protections while complying with the Supreme Court’s constraints. However, this effort faces strong opposition from various stakeholders, including agricultural groups, property rights advocates, and some states, who argue that expanded federal jurisdiction infringes on private land use and economic development.
At the same time, the EPA under the current administration is reportedly preparing a new Clean Water Act rule that would narrow protections for many wetlands, particularly in drier regions of the country. This proposed rule would regulate wetlands only if they contain surface water throughout the wet season and are directly connected to a continuously flowing water body. This approach would exclude many wetlands that do not meet these criteria, potentially reducing the number of wetlands requiring federal permits for development or pollution.
Legal challenges to these regulatory changes are ongoing. Various lawsuits have been filed against the Biden administration’s WOTUS rule, arguing that it removes longstanding exclusions for small and isolated water features and imposes burdensome regulations on farmers and ranchers. These cases are likely to make their way through the courts, with the possibility of reaching the Supreme Court again.
Additionally, there are other water pollution cases related to pipeline spills an
