Supreme Court Takes Up Clean Water Act Case

Potentially game-changing news for Western farmers and ranchers hit the headlines last month when the U.S. Supreme Court announced that the justices will revisit and potentially limit the scope of Clean Water Act (CWA) precedent. The case to be taken up by the Supreme Court centers on a conflict between an Idaho couple, Chantell and Michael Sackett, and the Environmental Protection Agency (EPA). The Sacketts attempted to build a home on land the EPA claims to be federally protected wetlands under the CWA.  

As reported in E&E News, the Supreme Court in 2012 sided with the Sacketts in their battle for judicial review of an EPA order that stopped them from building a house on their land and threatened fines of more than $30,000 a day. In a short order last month, the justices agreed to consider whether the 9th U.S. Circuit Court of Appeals erred when it affirmed that the federal government has permitting authority over the couple’s property in northern Idaho.

With cert granted in the Sackett case, the Supreme Court could take action in October that removes the need for the Biden Administration to write a brand-new rule for what constitutes WOTUS under the CWA. 

“We will  continue to cover this important new development closely, while also continuing to advocate for irrigated agriculture with the Biden Administration as they proceed with current rulemaking,” said Alliance Executive Director Dan Keppen. 

CLICK HERE to download a PDF version of the February 2022 “Monthly Briefing” and read about this and other important issues important to Western irrigated agriculture and water users:

·        White House Releases BIL Guidebook

·        President Biden’s Pick for FWS Director Clears Senate Committee

·        Reclamation Rolls Out FY 2022 Spending Plan

·        V.P. Harris and Sec. Vilsack Unveil Western Wildfire Strategy

·        New WRDA is in the Works

·        President Biden’s Pick for FWS Director Clears Senate Committee

·        WaterSMART Funding Opportunities Abound

·        Administration Tees Up Climate, Conservation Funding Opportunities

·        It’s not too late to register for the 2022 Family Farm Alliance Annual Conference –Find links to registration, agenda, and more

·        A Big “Thank You” to our New and Supporting Members! 

If you have any difficulties downloading the “Monthly Briefing”, please do not hesitate to contact dan@familyfarmalliance.org.