This morning, the U.S. Supreme Court issued its ruling in Sackett v. EPA. The decision was unanimous in determining the Sackett’s land should not have been covered under WOTUS, although the justices disagreed on exactly why. A 5-justice majority stated that, “Under these two background principles, the judicial task when interpreting ‘the waters of the United States’ is to ascertain whether clear congressional authorization exists for the EPA’s claimed power. The EPA’s interpretation falls far short of that standard.”
“In sum, we hold that the Clean Water Act extends only to those “wetlands with a contiguous surface connection to bodies that are ‘waters of the United States’ in their own right,” so that they are “indistinguishable” from those waters….this holding compels reversal here. The wetlands on the Sackett’s property are distinguishable from any possibly covered waters.”
NCA is continuing to review the decision and will follow up with additional details. This decision is likely to have a significant impact on the recently finalized WOTUS rule issued in January and going into effect in March. That rule has been enjoined from going into effect in 27 states.
Contact NCA President & CEO Joe Trauger at [email protected] if you have any questions or comments.
About NCA
The National Club Association (NCA) has been the advocate for the private club industry in Washington, D.C., for more than 60 years. As the voice of private clubs on Capitol Hill, NCA ensures that club concerns are forefront when legislative and regulatory issues affecting the industry are being decided. In addition, NCA provides club leaders an outstanding array of resources on club industry trends, governance best practices, legal and operational matters and ways to strengthen club leadership. nationalclub.org.
For more information, contact Kim Fernandez, CAE, vice president of communications: [email protected].