Posted on 05/25/23
| News Source: FOX News
Senate Majority Leader Chuck Schumer, D-N.Y., slammed the Supreme Court's ruling Thursday that limited the Environmental Protection Agency's ability to regulate bodies of water, calling it a "MAGA" court even though the decision was 9-0.
On Thursday, the high court issued an opinion that narrowed the EPA's broad definition of Waters of the United States (WOTUS). The court said the federal government must define WOTUS as a water source with a "continuous surface connection" to major bodies of water.
The decision upended an attempt by the Biden administration to regulate wetlands, lakes, ponds, streams and other "relatively permanent" waterways, which had relied on a broad reading of the EPA's authority under the Clean Water Act (CWA).
The ruling came down 9-0 in favor of plaintiffs Michael and Chantell Sackett, two Idaho residents whom the EPA prohibited from building a home near a wetland years ago.
"The EPA ordered the Sacketts to restore the site, threatening penalties of over $40,000 per day," Alito's majority opinion stated. "The EPA classified the wetlands on the Sacketts’ lot as 'waters of the United States' because they were near a ditch that fed into a creek, which fed into Priest Lake, a navigable, intrastate lake. The Sacketts sued, alleging that their property was not 'waters of the United States.'"
However, the court split 5-4 in its analysis of how the federal government should define a water source under the Clean Air Act.
"Understanding the CWA to apply to wetlands that are distinguishable from otherwise covered 'waters of the United States' would substantially broaden [existing statute] to define 'navigable waters' as 'waters of the United States and adjacent wetlands,'" Alito wrote.