Please ensure Javascript is enabled for purposes of website accessibility

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

3 days ago

Trump Says He’s Willing to Let Migrant Farm Laborers Stay in US

3 days ago

US Electric Vehicle Tax Breaks Will Expire on Sept. 30

4 days ago

Eyeing Arctic Dominance, Trump Bill Earmarks $8.6 Billion for US Coast Guard Icebreakers

4 days ago

Trump’s Sweeping Tax-Cut and Spending Bill Wins Congressional Approval

4 days ago

Americans Celebrate Their Independence With Record-Breaking Travel Numbers

4 days ago

US Supreme Court to Decide Legality of Transgender School Sports Bans

4 days ago

Nvidia Set to Become the World’s Most Valuable Company in History

4 days ago

Poll: 41% in US ‘Extremely Proud’ to Be American, Near Historic Low

4 days ago
Valley Congressman, Farmers Praise Supreme Court Ruling on 'Protected Waters'
Edward Smith updated website photo 2024
By Edward Smith
Published 2 years ago on
May 25, 2023

Share

Getting your Trinity Audio player ready...

Farming advocates are praising a U.S. Supreme Court decision Thursday limiting what the Environmental Protection Agency can define as “protected waters.”

In 2008, the EPA ordered an Idaho couple to stop building a home on property the couple purchased near a lake despite having all the necessary permits, according to the American Farm Bureau. The agency claimed the lot, 300 feet from the lake, fell within their jurisdiction under the Clean Water Act.

The couple, Chantell and Michael Sackett, challenged the order and in October 2022, the case made it to the U.S. Supreme Court.

“Because of today’s victory, property owners like Mike and Chantell Sackett will no longer be threatened with thousands of dollars in Clean Water Act fines and blocked from building a home on their land,” said Steven D. Anderson, president and CEO of the Pacific Legal Foundation, in an email to GV Wire. “Instead, the EPA will only be able to regulate legitimate wetlands that have “a continuous surface connection to bodies that are ‘waters of the United States.’

“I cannot overstate how big a win this is. The decision … clears up 50 years of confusion and puts a check on the EPA’s decades-long mission creep by restoring the scope of the Clean Water Act to what Congress intended.”

Michael and Chantell Sackett of Priest Lake, Idaho, stand in front of the U.S. Supreme Court in Washington, D.C., on Oct. 14, 2011. (AP File)

Ruling Limits EPA Jurisdiction, Wins Duarte’s Praise

The five-to-four ruling in favor of the Sacketts limits what the agency can call protected waters.

“The Supreme Court’s ruling in Sackett v. EPA is a major victory for farmers and small businesses across the nation,” said Rep. John Duarte (R-Turlock) in a news release. “Today, the Court has sent a clear message that no government agency can trample on the rights of American citizens without providing them with a fair and just process.”

Duarte said the ruling extends to many disputes between property owners and governmental agencies when water is involved.

The opinion, written by Justice Samuel Alito, said agencies enforcing the Clean Water Act have not been consistent in interpreting the law, including “adjacent” lands under their jurisdiction.

The court ruling limits Clean Water Act to land “indistinguishable” from bodies of water.

In Thursday’s ruling, all nine justices agreed that the wetlands on the Sacketts’ property are not covered by the act.

But only five justices joined in the opinion that imposed a new test for evaluating when wetlands are covered by the Clean Water Act. Chief Justice John Roberts, Justice Clarence Thomas, and Alito would have adopted the narrower standard in 2006, in the last big wetlands case at the Supreme Court. They were joined Thursday by Justices Neil Gorsuch and Amy Coney Barrett.

On the dissenting side, Justice Brett Kavanaugh said the new definition departs from what agencies have used since the law passed. Justices Elaine Kagan, Sonia Sotomayor, and Ketanji Brown Jackson sided with Kavanaugh.

Environmentalists Decry Court’s Decision

Reacting to the decision, Manish Bapna, the chief executive of the Natural Resources Defense Council, called on Congress to amend the Clean Water Act to restore wetlands protections and on states to strengthen their own laws.

“The Supreme Court ripped the heart out of the law we depend on to protect American waters and wetlands. The majority chose to protect polluters at the expense of healthy wetlands and waterways. This decision will cause incalculable harm. Communities across the country will pay the price,” Bapna said in a statement.

Ruling Likely Restarts Biden Water Rules

In December 2022, the Biden administration finalized rules defining what was protected under the Clean Water Act.

The definitions from the EPA, supported by federal courts, undid rules outlined during President Donald Trump’s tenure. Under President Barack Obama, the Army Corps of Engineers, and the EPA had expanded the definition of protected waters.

Attorney Rafe Petersen, who represents miners, offshore wind developers, and other industries seeking EPA permits, said the Biden administration will likely have to “start all over again from scratch.”

Alito wrote that the high court has tried three different times to clarify what are “the waters of the United States.”

“When we last addressed the question 17 years ago, we were unable to agree on an opinion of the Court,” Alito wrote. “Today, we return to the problem and attempt to identify with greater clarity what the Act means by ‘the waters of the United States.’ ”

The case Alito cited, Rapanos v. United States, ruled in favor of a private developer on a five-to-four vote.

(The Associated Press contributed to this story.)

 

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

How Trump’s ‘Big, Beautiful Bill’ Will Make China Great Again

DON'T MISS

What’s Caitlin Clark Worth to the WNBA? A Lot More Than Her $78,066 Salary.

DON'T MISS

Trump to Sign Tax-Cut and Spending Bill in July 4 Ceremony

DON'T MISS

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

DON'T MISS

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

DON'T MISS

Oil Dips Ahead of Expected OPEC+ Output Increase

DON'T MISS

613 Killed at Gaza Aid Distribution Sites, Near Humanitarian Covoys, Says UN

DON'T MISS

Fresno County Authorities Investigating Suspicious Death of Transient Man

DON'T MISS

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

DON'T MISS

Israeli Military Kills 20 in Gaza as Trump Awaits Hamas Reply to Truce Proposal

UP NEXT

What’s Caitlin Clark Worth to the WNBA? A Lot More Than Her $78,066 Salary.

UP NEXT

Trump to Sign Tax-Cut and Spending Bill in July 4 Ceremony

UP NEXT

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

UP NEXT

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

UP NEXT

Oil Dips Ahead of Expected OPEC+ Output Increase

UP NEXT

613 Killed at Gaza Aid Distribution Sites, Near Humanitarian Covoys, Says UN

UP NEXT

Fresno County Authorities Investigating Suspicious Death of Transient Man

UP NEXT

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

UP NEXT

Israeli Military Kills 20 in Gaza as Trump Awaits Hamas Reply to Truce Proposal

UP NEXT

Valley Crime Stoppers’ Most Wanted Person of the Day: Rachelle Maria Blanco

Edward Smith,
Multimedia Journalist
Edward Smith began reporting for GV Wire in May 2023. His reporting career began at Fresno City College, graduating with an associate degree in journalism. After leaving school he spent the next six years with The Business Journal, doing research for the publication as well as covering the restaurant industry. Soon after, he took on real estate and agriculture beats, winning multiple awards at the local, state and national level. You can contact Edward at 559-440-8372 or at Edward.Smith@gvwire.com.

Trump Calls Musk’s Formation of New Party “Ridiculous” and Confusing

14 hours ago

Fresno DUI Driver Slams Into CHP Motorcycle, Tow Truck on Highway 99

20 hours ago

Russia Downs 120 Ukrainian Drones Overnight, Defense Ministry Says

20 hours ago

Israel Sends Delegation to Qatar for Gaza Talks Ahead of Netanyahu Trip to US

20 hours ago

San Luis Obispo’s Madre Fire Grows to Nearly 80,000 Acres, 30% Contained

21 hours ago

Musk Announces Forming of ‘America Party’ in Further Break From Trump

21 hours ago

Death Toll From Texas Floods Reaches 59, Including 21 Children

21 hours ago

California’s Politics Drifts Right While New York’s Leans Left

21 hours ago

How Trump’s ‘Big, Beautiful Bill’ Will Make China Great Again

2 days ago

What’s Caitlin Clark Worth to the WNBA? A Lot More Than Her $78,066 Salary.

2 days ago

TikTok Building New Version of App Ahead of Expected US Sale, the Information Reports

TikTok is building a new version of its app for users in the United States ahead of a planned sale of the app to a group of investors, The I...

14 hours ago

A logo is displayed over a door at the U.S. headquarters of the social media company TikTok in Culver City, California, U.S. January 17, 2025. (Reuters File)
14 hours ago

TikTok Building New Version of App Ahead of Expected US Sale, the Information Reports

Boxes of aid are stacked as Gaza Humanitarian Foundation said it has commenced operations to begin distribution of aid, in Rafah, in the southern Gaza Strip, May 26, 2025. (Reuters File)
14 hours ago

Hamas Government Office Rejects US Accusation of Involvement in Gaza Aid Site Attack

A volunteer searches for flood victims after deadly flooding in Kerr County, Texas, U.S., July 6, 2025. REUTERS/Sergio Flores
14 hours ago

Death Toll From Texas Floods Reaches 78, Trump Plans Visit

Tesla CEO and X owner Elon Musk listens as US President-elect Donald Trump speaks during a meeting with House Republicans at the Hyatt Regency hotel in Washington, DC, U.S. on November 13, 2024. (Reuters File)
14 hours ago

Trump Calls Musk’s Formation of New Party “Ridiculous” and Confusing

A 22-year-old suspected DUI driver crashed into a parked CHP motorcycle and tow truck on Highway 99 near Fresno, narrowly missing an officer and bystanders, CHP said Saturday, July 5, 2025. (CHP)
20 hours ago

Fresno DUI Driver Slams Into CHP Motorcycle, Tow Truck on Highway 99

A service member of a drone unit of the 24th Separate Mechanized Brigade named after King Danylo of the Ukrainian Armed Forces controls a heavy combat drone while it flies over positions of Russian troops, amid Russia's attack on Ukraine, in Donetsk Region, Ukraine June 12, 2025. (Reuters File)
20 hours ago

Russia Downs 120 Ukrainian Drones Overnight, Defense Ministry Says

An Israeli tank maneuvers in Gaza, as seen from the Israeli side of the border, July 6, 2025. (Reuters/Amir Cohen)
20 hours ago

Israel Sends Delegation to Qatar for Gaza Talks Ahead of Netanyahu Trip to US

The Madre Fire near New Cuyama has burned nearly 80,000 acres as of Sunday, July 6, 2025, morning, prompting widespread evacuation orders and warnings across three counties. (CalFire)
21 hours ago

San Luis Obispo’s Madre Fire Grows to Nearly 80,000 Acres, 30% Contained

Help continue the work that gets you the news that matters most.

Search

Send this to a friend