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 [email protected] 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?