1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Revisits Scope of “Waters of the United States” (WOTUS) Under the Clean Water Act March 11, 2022 On January 24, 2022, the Supreme Court agreed to review Sackett v. EPA, a long-running disput
2、e regarding whether certain wetlands are “waters of the United States” (WOTUS) subject to protection under the Clean Water Act (CWA). In Sackett, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) upheld the U.S. Environmental Protection Agencys (EPAs) assertion of jurisdiction over cer
3、tain wetlands because the wetlands are WOTUS under a standard described in a prior Supreme Court decision. The precise definition of WOTUS is important because it determines which waters are subject to federal government regulations and protections. The U.S. Army Corps of Engineers (Corps) and EPAth
4、e two agencies tasked with implementing the CWAuse the definition of WOTUS to determine which water bodies are subject to a variety of requirements under the statute, including coverage in CWA permitting programs. The Corps and EPA are also currently undertaking an administrative process to redefine
