The “MAGA Supreme Court” is to blame, according to New York senator and majority leader Chuck Schumer, for a decision that restricts the EPA’s ability to regulate bodies of water. Schumer is blaming the court for this additional restriction despite the court’s unanimous 9-0 judgment.
The Waters of the United States (WOTUS) are now defined by the US Supreme Court as any source of water that has a “continuous surface connection” to one or more significant bodies of water. The breadth of the EPA’s power as well as environmental protection measures will be significantly impacted by this judgment.
The Biden Administration’s efforts to control wetlands, lakes, ponds, streams, and other “relatively permanent” waterways have suffered a setback as a result of a recent ruling. The decision disappointed supporters and crushed the administration’s plans to significantly alter the Clean Water Act (CWA).
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“The EPA ordered the Sacketts to restore the site, threatening penalties of over $40,000 per day,” The majority view expressed by Alito. “The EPA classified the wetlands on the Sacketts’ lot as ‘waters of the United States’ because they were near a ditch that fed into a creek, which fed into Priest Lake, a navigable, intrastate lake. The Sacketts sued, alleging that their property was not ‘waters of the United States.’”
Following the decision, Senator Schumer criticizes the “MAGA Supreme Court” on Twitter.
“This MAGA Supreme Court is continuing to erode our country’s environmental laws,” Schumer tweeted. “Make no mistake – this ruling will mean more polluted water, and more destruction of wetlands.”
Schumer’s tweet immediately earned a Community Note that highlighted how all nine justices agreed that the EPA had overstepped its authority.
The court was split 5-4 on how the federal government should define a water source under the Clean Water Act.
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“Understanding the CWA to apply to wetlands that are distinguishable from otherwise covered ‘waters of the United States’ would substantially broaden [existing statute] to define ‘navigable waters’ as ‘waters of the United States and adjacent wetlands,’” Alito wrote.
