A look at Sackett v EPA’s rechanneling of water governance in America

A year has passed since the Supreme Court’s ruling in Sackett v. EPA and its impact on America’s water regulation is unmistakable.

For decades, Western states have grappled with the complexities of water rights and regulations, given the resource’s immense value and critical importance to the region. This landmark decision, which narrows the U.S. Environmental Protection Agency’s (EPA’s ) and the U.S. Army Corps of Engineers’ (USACE’s) authority and shifts more responsibility to the states, has triggered significant changes in both the ongoing debate and the ways states protect their water resources.

By clarifying the constitutionally limited scope of federal authority, the Sackett ruling aligns with Congress’s original intent to regulate “navigable waters” primarily for commercial purposes, leaving the regulation of other waters to state governments, should they choose to do so.

To understand the significance of this ruling, it’s essential to consider the historical context. The Clean Water Act (CWA) of 1972 aimed to restore and maintain the nation’s waters by preventing pollution and enforcing water quality standards along navigable waters of the United States. It regulates pollutant discharges into U.S. waters and establishes surface water quality standards. The term “Waters of the United States” (WOTUS) defines which bodies of water are protected under the CWA, including navigable waters, interstate waters, and adjacent wetlands.