Supreme Court Ruling May Herald Faster Transportation Project Approvals

What happened: The U.S. Environmental Protection Agency’s (EPA) campaign to regulate all ditches hit another roadblock May 25. The U.S. Supreme Court agreed with ARTBA and the National Stone, Sand & Gravel Association (NSSGA): EPA exceeded its authority in developing new wetlands regulations. ARTBA and NSSGA have been litigation partners on the case for the past eight years.

Why it matters: The Sackett vs. EPA decision potentially means the agency will need to rewrite its ‘Waters of the United States (WOTUS)’ rule, which in turn, could lead to faster approvals for transportation projects.

‘Today’s Supreme Court decision removes unnecessary and unsupportable impediments to transportation improvements across the country,’ said ARTBA President & CEO David Bauer. ‘With Sackett as a guide, we urge the EPA to pursue common sense strategies that complement our nation’s infrastructure and environmental goals.’

What’s next: ARTBA and NSSGA are also challenging the EPA’s rule in federal district court. So far, it has been blocked from taking effect in 27 states. With the Sackett decision in hand, the two groups will ask for the WOTUS rule to be struck down nationwide.

ARTBA’s legal advocacy in the case has been supported through member contributions to the Transportation Makes America Work (TMAW) program.