If POLITICO is on target, we might not have seen the last of any court challenges to WOTUS which was resurrected by the Biden administration, a move strongly opposed by Oklahoma’s congressional delegation.
POLITICO reported this week how the 9th U.S. Circuit Court of Appeals, in a nearly 20-year old legal battle, sided with the Biden administration in a case involving the question of which streams and wetlands are under the Clean Water Act purview.
The case involved wetlands on the land of an Idaho couple whose previous challenges caught the attention of the Supreme Court.
(Click here for Courthouse News story on case)
“Tony Francois, the Pacific Legal Foundation attorney representing Mike and Chantell Sackett, didn’t commit to a high court appeal,” reported POLITICO. But Francois said his team is reviewing the decision, and noted “we think that this decision is erroneous and will be assessing the best course forward to free the Sacketts’ property from EPA’s illegal assertion of Clean Water Act authority over it.”
As POLITICO continued, “The Biden administration has said it plans to repeal the Trump administration’s contentious rule shrinking the scope of federal water protections and craft its own, more expansive rule. But that plan could be thwarted if the high court, which is far more conservative today than it was the last time it ruled on the Clean Water Act question, rules in favor of narrower federal authority first.”
Source: POLITICO Morning Energy Report
