The Environmental Protection Agency on Tuesday amended its definition of “waters of the United States” to align with the U.S. Supreme Court’s narrow interpretation of the Clean Water Act, as environmental lawyers predicted renewed litigation.
In May, the high court ruled in Sackett v. Environmental Protection Agency that the agency’s earlier definition exceeded its statutory authority and that “waters of the United States” was limited to wetlands that directly adjoin rivers, lakes and other navigable bodies of water. The court rejected the agency’s broad “significant nexus” test for determining which wetlands are legally protected.
