Washington, D.C. Update

May 26, 2023

Supreme Court Rules on WOTUS Case

On Thursday, the Supreme Court released its decision on Sackett v. Environmental Protection Agency (EPA) regarding the scope of the Clean Water Act. The case involved a property owned by the Sackett family where they intended to build a house. In 2007, the Army Corps of Engineers and EPA halted construction saying the property likely contains a protected wetland, leading the Sacketts to sue. The Supreme Court unanimously agreed to overturn the lower court’s decision and decided the land in question should not be regulated under the Clean Water Act; however, there was disagreement on the implications. The Court ruled on a 5-4 vote that the Clean Water Act only applies to wetlands with a continuous surface water connection to larger bodies of water. This ruling could impact the EPA’s Waters of the United States (WOTUS) Rule which went into effect in March 2023. To read the entire decision click here.

House Appropriations Committee Delays Markups

On Tuesday, House Appropriations Committee Chairwoman Kay Granger (R-TX) announced the Committee was postponing markups scheduled for this week to provide more flexibility as discussions continue regarding raising the debt limit. The Committee was scheduled to mark up the agriculture appropriations bill for fiscal year 2024 on Wednesday. The bill was previously marked up by the Agriculture Appropriations Subcommittee on May 18.

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