Sackett v. EPA Decision is Out

On May 25th, the Supreme Court made a decision in the case that narrows the scope of the Clean Water Act by eliminating protections for wetlands, except in very limited circumstances.

The Court has embraced the extreme demands of big polluters, undoing protections that have safeguarded our waters for over 50 years. This places our communities, public health, and local ecosystems in danger – especially those most vulnerable to pollution and intensifying climate disasters. Congress and state officials across the country need to act fast to protect water bodies that our nation relies on for drinking, fishing, and fueling local economies.

Congressional Review Act Attack on the Clean Water Restoration Rule

In late December 2022, the Environmental Protection Agency and the U.S. Army Corps of Engineers issued its final Waters of the US (WOTUS) rule. This modest “Clean Water Restoration Rule” ensures that critical waters- from small streams to rivers to wetlands- are protected from unregulated pollution and destruction when they have important downstream effects on water quality

In April, there was an effort in Congress to overturn the new rule using the Congressional Review Act (CRA), which is a legislative tool that allows Congress to invalidate a recently-finalized agency rule and prevent any future administration from issuing a rule that is “substantially the same.” The CRA requires only a majority vote to pass in both chambers, and has expedited procedures that allow it to skip committee consideration and amendments in the Senate.  The CRA is an incredibly blunt and dangerous tool with the potential to eliminate significant environmental and public health protections.  See here for some resources on the CRA: