The Supreme Court has been hearing oral arguments in the Sackett v. EPA case. This case considers the Environmental Protection Agency’s (EPA) regulatory authority under the Clean Water Act and will directly impact the Biden administration’s ongoing “Waters of the U.S.” (WOTUS) rulemaking. This is the fourth time the court has considered the definition of WOTUS, and 6 of the 9 justices will consider WOTUS for the first time.
One group watching the Supreme Court’s actions is the National Cattlemen’s Beef Association (NCBA). While the Supreme Court is considering the Sackett case, NCBA is urging the EPA to pause their WOTUS rulemaking.
NCBA Chief Counsel Mary-Thomas Hart provides some insight into the Supreme Court dynamics and the issues raised during oral arguments.
NCBA has submitted an amicus brief to the Supreme Court on this case. The brief is available here.