ARTBA, Allies Urge Supreme Court to Finally Clarify ‘Waters of the U.S.’

What happened: ARTBA and the National Stone, Sand & Gravel Association (NSSGA) urged the Supreme Court April 13 to clarify the federal government’s regulatory powers under the Clean Water Act (CWA). The associations contend that the methods the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) use to determine the CWA’s scope should be abandoned.

Why it matters: At issue in the case of Sackett v. EPA is the EPA’s definition of what constitutes ‘waters of the United States’ (WOTUS) under the CWA. The agency has advocated for a broad definition of WOTUS to encompass virtually any wet area. ARTBA and NSSGA have maintained that reading WOTUS in such an expansive way improperly creates permit obligations for features such as roadside ditches, which serve the necessary safety function of collecting water during and after rain events. This type of overregulation serves only to delay critical infrastructure improvements and increase costs without providing any environmental benefits, the groups say.

What’s next: The Court is expected to hear arguments in late October, with a decision expected in the first half of 2023.

Key document: Read ARTBA & NSSGA’s brief