In Sackett v. EPA Supreme Court SCOTUS defines the EPAs regulatory author over the Waters of the United States WOTUS under Clean Water ACT, CWA. SCOTUS narrows EPA regulation of wetlands. EPA authority over adjacent wetlands water ends and the wetland begins, continuous surface connection
Yesterday President Biden vetoed Congressional Review Act resolution repealed EPA's eighth attempt to determine the jurisdictional reach of the Clean Water Act. Congress overrode President Nixon's veto of the Clean Water Act. No one expects Congress to override President Biden's veto.
EPA has opposed motions of State of Kentucky, several industry groups to enjoin eighth attempt to determine jurisdictional reach of Clean Water Act. Much opposition is not surprising, including call for Judiciary to defer to EPA interpretation of Act it enforces.
EPA has shared with the White House Office of Management and Budget what EPA management hopes will be a durable definition of waters of the United States. Would end what is the longest-running controversy in environmental law over the reach of the Federal Clean Water Act.