Certainty On WOTUS Remains Elusive As Supreme Court Ruling Awaits

The Supreme Court’s closely watched ruling later this year in Sackett v. EPA could fail to provide long-sought certainty over the scope of the Clean Water Act (CWA), especially if the court’s decision is narrowly focused on when adjacent wetlands are subject to the law and does not address other jurisdictional issues, such as small streams. EPA and the Army Corps of Engineers recently finalized a new definition of “waters of the United States” (WOTUS) that covers a wide...