Oral arguments were recently heard by the Supreme Court of the United States in Sackett v Environmental Protection Agency. This case will require re-definition of the Waters of the United States (WOTUS) in relation to the Clean Water Act, a source of contention since 2014.

At issue is whether water that flows across agricultural land but not necessarily contiguous with a waterway can effectively be regarded as a “navigable body of water”.  The Clean Water Act protects traditional navigable waters. It is questioned whether the EPA and the U.S. Army Corps. of Engineers have jurisdiction over wetlands and tributaries without a continual surface connection to a larger waterway. It is hoped that SCOTUS will provide a ruling that will form the basis of future EPA and U. S. Army Corps of Engineers policy, rules and determinations.

Kaitlynn Glover the Director of Natural Resources and Public Lands for the National Cattleman’s Beef Association stated, “Since the passage of the Clean Water Act cattle producers have experienced regulatory whiplash of shifting WOTUS definitions on average every 3 to 8 years.” She added, “The NCBA is hopeful that the Court will support arguments for a clear but limited WOTUS definition.”