How could the EPA's proposed WOTUS rule affect the supreme court?
The Supreme Court may review the EPA's new WOTUS definition. The Environmental Protection Agency is proposing a narrower test for Waters of the United States (WOTUS), which would require a stream to flow continuously to be considered federally regulated. This regulatory action is subject to ultimate judicial review by the Supreme Court. The Court's involvement would determine the final legal scope of the new definition, which analysts say could reduce federal regulation of some streams and wetlands on farms and ranches.
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How it reaches supreme court
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The Environmental Protection Agency proposed a new rule defining Waters of the United States (WOTUS) after concluding its public comment period. The proposal introduces a narrower test for WOTUS, requiring streams to flow continuously to qualify as a regulated waterway. Under the new standard, a stream could still qualify if it has a predictable dry period of up to 30 days, but one regularly dry for about 90 days would not meet the criteria.
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The Supreme Court exercises ultimate judicial review over the regulatory actions and determinations made by the Environmental Protection Agency. This means the Court has the final say on the legality and scope of the proposed rule.
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The facts so far
As reported. Each one links to where it comes from.
- The EPA is proposing a narrower test for WOTUS that analysts say could reduce federal regulation of some streams and wetlands on farms and ranches.rfdtv.com
- Under the proposal, the EPA and U.S. Army Corps of Engineers would require a stream to flow continuously to be considered a water of the United States.rfdtv.com
- A waterway could still qualify if it has a predictable dry period of up to 30 days.rfdtv.com
Why it matters
The proposed WOTUS rule defines which waterways fall under federal regulation, which has significant implications for farmers and ranchers. The EPA's proposal aims to inject clarity and certainty into the definition, potentially reducing federal oversight of certain streams and wetlands on agricultural land.
Historically, the Supreme Court has exercised ultimate judicial review over the regulatory actions of the Environmental Protection Agency. This means that regardless of the EPA's internal process, the final legal standing and scope of the new WOTUS rule could be determined by the highest court.
What we don't know yet
- What specific legal challenges will be filed against the proposed rule?
- Will the Supreme Court hear the case, or will it be handled by lower courts?
What would change this answer
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Questions worth asking
Ideas the web ties closely to this story that the explainer doesn't mention. These are prompts for your own research: Brind hasn't answered them.
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About Usace
Since the EPA and U.S. Army Corps of Engineers are proposing the rule, what specific role will the USACE play in defining and enforcing the new continuous flow requirement?
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About Usepa
Given that the EPA is proposing a narrower test, what specific regulatory guidance or technical standards will the agency use to determine if a stream meets the continuous flow requirement?
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Reporting
- rfdtv.comOct 12
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