News

Waiting on another WOTUS definition

The Supreme Court is expected to make a decision on a case about the Waters of the United States in 2023. Associate Attorney Hannah Schacherl says she’s hoping the court provides more clarity to the WOTUS definition.

“The Supreme Court is trying to determine what the statute says and the EPA’s rules then come from the statute, giving it meat and substance. The statutes are the bones and rules create the workable muscles.”

Separately from the Supreme Court case, EPA has been working on what it calls a “more durable” definition of WOTUS. If the EPA meets this week’s deadline and SCOTUS has a conflicting ruling on WOTUS next year, Schacherl with Rinke Noonan Law Firm tells Brownfield EPA may have to go back to the drawing board.

“The Supreme Court determines what the law is.”

The WOTUS definition has changed several times since its creation in the early 1970s and continues to face legal challenges due to a lack of clarity.