White house: water ruling 'aims to take our country backwards'

White house: water ruling 'aims to take our country backwards'

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_This story was updated at 4:35 p.m. EDT._ The White House on Thursday rebuked the nation’s highest bench for scaling back federal clean water protections. The Supreme Court’s ruling in


_Sackett v. EPA _comes as the Biden administration has begun rolling out its new rule defining which wetlands and streams are subject to Clean Water Act permitting requirements. The


_Sackett_ ruling places that regulation in legal peril. Advertisement “The way that we see it, the court’s decision today aims to take our country backwards,” White House press secretary


Karine Jean-Pierre said during a press briefing. “It will jeopardize the sources of clean drinking water for farmers, businesses and millions of Americans.” In _Sackett, _the high court


rejected an approach to Clean Water Act protections articulated by former Justice Anthony Kennedy in the 2006 case _Rapanos v. United States_ that says wetlands and streams are protected if


they have a “significant nexus” — or scientific connection — to a navigable water. Federal courts have used Kennedy’s approach in the nearly 20 years since _Rapanos_ was decided, and his


test served as the basis for Obama- and Biden-era regulations defining “waters of the United States,” or WOTUS. The Supreme Court in _Sackett _instead upheld a competing _Rapanos _test


penned by the late former Justice Antonin Scalia, which says covered waters must have a continuous surface connection to a larger body of water. Scalia’s more restrictive approach


underpinned a much narrower definition of WOTUS advanced during the Trump administration that removed protections for many of the nation’s waters. EPA’s Supreme Court challengers — Idaho


landowners Chantell and Michael Sackett — had argued that Scalia’s test should prevail, exempting their plot of land from expensive federal permits. The Supreme Court issued a unanimous


ruling removing the Sackett property from EPA oversight, but some justices offered different reasoning for their decision. Since its finalization in March, Biden’s WOTUS rule has faced


several major lawsuits brought by GOP officials and industry groups. Court decisions out of Texas, Kentucky and North Dakota have frozen the rule in more than half of the country. States


where Biden’s WOTUS rule is frozen had been operating under outdated standards from decades ago, creating a regulatory split that has concerned the regulated community. With the outcome of


_Sackett_, the picture is now even more muddled. Biden’s WOTUS challengers Thursday were quick to notify lower courts of the _Sackett _ruling, which they believe will help them seal their


legal victories against the new water rule. Guidance issued more than a decade ago interpreting 1986 regulations likely no longer applies, as the Thursday decision upends components of those


standards. EPA and the Army Corps of Engineers will almost assuredly have to issue some temporary instructions for entities seeking permits, given the uncertain new landscape they are now


in. How EPA policy will account for _Sackett_ is unclear, although experts have largely agreed regulators will have to revise their rule in the aftermath of the case. That will cause a


massive headache for the Biden EPA, which had made WOTUS its signature water policy after years of limbo under the Obama and Trump administrations. EPA Administrator Michael Regan said after


the _Sackett_ ruling that the agency will continue to seek a “common sense and science-based” WOTUS definition. In a statement, President Joe Biden said the administration will use every


tool it has to protect the nation’s waters. “We will work with states, cities and tribal communities to pass and uphold critical protections for their residents,” he said. “Through my


Investing in America agenda, we’re already deploying historic resources in communities all across America to remove lead pipes, improve water quality and rebuild the nation’s drinking water


infrastructure.” Jean-Pierre said the administration’s legal team is reviewing the Supreme Court decision and will soon have more to say on the ruling. “Know this: that President Biden will


use every legal authority available to him to ensure Americans in every state have clean water — not just clean but also certainly safe to drink,” she said. “So that is going to be our


priority.”