Fourth Circuit, 2023
In this landmark case, the Fourth Circuit Court of Appeals was tasked with determining the extent of the United States Environmental Protection Agency's (EPA) regulatory authority under the Clean Water Act (CWA). Specifically, the court evaluated the EPA's jurisdiction over certain intrastate waters, which had implications for environmental protection and federal oversight of water resources.
Does the EPA have the authority under the Clean Water Act to regulate intrastate waters, such as isolated wetlands, that lack a direct connection to navigable waters?
Under the Clean Water Act, the EPA has the authority to regulate 'navigable waters,' defined as 'the waters of the United States, including the territorial seas.' Court decisions have traditionally required a significant nexus to navigable waters for federal jurisdiction.
The Fourth Circuit held that the EPA does have the authority to regulate the wetlands in question, affirming the district court's decision.
This case is significant as it clarifies the scope of federal regulatory power under the Clean Water Act, particularly in terms of defining the scope of 'navigable waters'. It demonstrates the judiciary's deference to administrative agencies when statutory language is ambiguous and shows the ongoing tension between federal and state authority in environmental regulation. Law students can learn about judicial review standards applied to agency interpretations and the balance of power in federalism.