Supreme Court to take up a WOTUS case
The Supreme Court said they would hear one of the cases against the Waters of the U.S. rule. The high court will review the 9th Circuit’s ruling in the Sackett vs. EPA case to determine if the lower court used the proper tests to determine if wetlands were truly “waters of the United States” under the Obama-era Clean Water Act.
The Waters of the U.S. rule, also known as WOTUS has been a concern for farmers and ranchers for years because of how it restricts the use of land based on how water might flow through it. It’s been a top issue for agriculture groups including American Farm Bureau Federation and the National Cattlemen’s Beef Association.
Chantell and Michael Sackett’s family were told back in 2007 they could not build a home on their land which has no stream, creek, lake, or other body of water. They were threatened with 30-thousand-dollar a day fines if construction moved forward.
The Pacific Legal Foundation, which represents the Sackett family says the court will revisit a 2006 opinion issued in the Rapanos vs. the United States case where a divided court left unclear which wetlands are under the federal government’s jurisdiction.
(Watch for updates and Brownfield team coverage on this story.)