Supreme Court Takes Up “Waters of the United States”

What happened: The U.S. Supreme Court Jan. 24 agreed to hear arguments in the case of Sackett v. Environmental Protection Agency, which is focused on the definition of “waters of the United States” under the Clean Water Act.

Why it matters: The federal government regulates domestic waters through the Act. Because the meaning of “waters of the U.S.” has not been clearly defined by federal agencies or the courts, regulatory enforcement under the Act is inconsistent and over broad. A central issue for transportation construction is whether roadside ditches qualify for regulation. ARTBA believes they do not, and that doing so only drives up costs and delays important transportation improvements without providing environmental benefits.

What’s next: Arguments in the case are scheduled for this fall. A decision may not come until early 2023.