Sackett v. EPA and the EPA’s new definition of “waters of the United States”

The Environmental Protection Agency (EPA) has the authority under the Clean Water Act to regulate “waters of the United States.” But what exactly do we mean by “waters of the United States”? It’s a more complicated question than it might seem. In this episode of Essential Environmental, attorney Thierry Montoya dives into the question by covering the ongoing Supreme Court case of Sackett v. EPA, which concerns the EPA’s ability to regulate development on wetlands, as well as the EPA’s revised definition of waters of the United States, set to take effect on March 20, 2023. 

Want to get in touch with us? Contact Thierry at [e-mail] and visit FrostBrownTodd online at https://www.frostbrowntodd.com.

The content of this episode reflects the views and opinions of Thierry Montoya and does not constitute legal advice. 

Time stamps:

02:01 - EPA's enforcement authority under Clean Water Act's definition of "waters of the United States" might be about to change

05:00 - Sackett v. EPA, explained

15:05 - SCOTUS addressed "waters of the United States" in three prior cases

22:20 - EPA's new rule defining "Waters of the United States" will take effect on March 20, 2023

25:07 - What does all of this mean for landowners and developers?

What is Essential Environmental With Thierry Montoya?

Each new episode will cover current issues concerning the environmental, natural resources, and land use topics from the business perspective — what businesses and property owners need to know about complying with environmental regulations and protecting themselves from potential exposure, and legal strategies when litigation is involved. Thierry will use his 35 years of environmental litigation and compliance experience to disentangle and demystify the complicated world of environmental law, to help the listener understand the countless acronyms and agencies they might come across.