The Supreme Court could limit federal protection against water pollution


At the start of its new term on Monday, the Supreme Court will hear a case that could limit the Environmental Protection Agency's ability to regulate water pollution. The case, Sackett v. EPA (2022), concerns the Clean Water Act passed in 1972, a landmark piece of environmental legislation against pollution.
Chantell and Michael Sackett have been involved in a 15-year dispute with the EPA regarding whether or not they could build a house on their property near Idaho's Priest Lake, Time reports. In 2007, the EPA rejected their request because the property contained wetlands under the protection of the Clean Water Act. In 2012, the Sacketts appealed to the Supreme Court but the case was sent back to a district court. The case was appealed again and will now be heard in the high court.
The Supreme Court is the most conservative it has been in decades, spelling trouble for the EPA. The Clean Water Act prevents pollution on all "waters of the United States," or WOTUS, a vague phrase that has never properly been defined in courts. However, given the court's current makeup, many believe the court will adopt former Justice Antonin Scalia's definition from Rapanos v. U.S. (2006), another case that dealt with WOTUS, excluding most wetlands and streams from the protection, Vox reports. The Court has already limited the EPA's control over air pollution in West Virginia v. EPA (2022).
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
This outcome "would be catastrophic," says Jon Devine of the Natural Resources Defense Council, "for the water quality purposes of the act."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Devika Rao has worked as a staff writer at The Week since 2022, covering science, the environment, climate and business. She previously worked as a policy associate for a nonprofit organization advocating for environmental action from a business perspective.
-
How successful would Elon Musk's third party be?
Today's Big Question Musk has vowed to start a third party after falling out with Trump
-
Music reviews: Bruce Springsteen and Benson Boone
Feature "Tracks II: The Lost Albums" and "American Heart"
-
Why passkeys are the next frontier in digital security
A disruptive new technology promises to put passwords to bed forever — but not yet
-
IAEA: Iran could enrich uranium 'within months'
Speed Read The chief United Nations nuclear inspector, Rafael Grossi, says Iran could be enriching uranium again soon
-
One year after mass protests, why are Kenyans taking to the streets again?
today's big question More than 60 protesters died during demonstrations in 2024
-
Iran nukes program set back months, early intel suggests
Speed Read A Pentagon assessment says US bombing of Iranian nuclear sites only set the program back by months, not years. This contradicts President Donald Trump's claim.
-
Trump says Iran and Israel agreed to ceasefire
Speed Read This followed a night of Israeli airstrikes on Tehran and multiple waves of missiles fired by Iran
-
Israel strikes Iran, killing military and nuclear chiefs
Speed Read Israeli officials said the attack was a 'preemptive' strike on Iran's nuclear program
-
Israel deports Thunberg after seizing Gaza aid boat
speed read The Swedish activist was delivering food and medical aid to Palestine, highlighting the growing humanitarian crisis there
-
Colombian senator shot on streets of Bogotá
speed read Miguel Uribe Turbay, who has announced his candidacy for next year's presidential election, was shot at a rally
-
Trump says Putin vowed retaliation for Kyiv strike
speed read The Russian president intends to respond to Ukraine's weekend drone strikes on Moscow's warplanes