After the U.S. Supreme Court ruling in May 2023 defining what waters can be protected under the Clean Water Act, the Administrator of EPA said he “…was deeply disappointed that the Court is taking away the EPA’s ability that has been standing for 50 years.
He is wrong! Environmental groups and the main media have gone wild in claiming U.S. wetlands are at risk of pollution and destruction.
The EPA and the Army Corps of Engineers claim they will have a new rule on what is WOTUS by September 1, 2023. President Biden said, “It puts our Nation’s wetlands and the rivers, streams, lakes, and ponds connected to them – at risk of pollution and destruction, jeopardizing the sources of clean water that millions of American families, farmers, and businesses rely on.”
Virtually all the environmental groups say the Sackett case the U.S. Supreme Court ruled on reduces the CWA protections. This is nonsense. The CWA prohibits the discharge of pollutants into navigable waters. EPA used the significant nexus test to determine that virtually everything was connected. We all know that water runs downhill. The U.S. Supreme Court significantly reduced the reach of the CWA, EPA and the Corps.
On June 26, 2023, the U.S. Department of Justice filed a motion for a stay in the District of North Dakota. In the stay,
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