990 F.3d 522 (6th Cir. 2020)
The case of State of Ohio v. U.S.
Does the U.S. Army Corps of Engineers have jurisdiction under the Clean Water Act to regulate intrastate, non-navigable waters that allegedly affect interstate commerce?
The Clean Water Act authorizes the regulation of 'navigable waters,' defined as 'waters of the United States.' To determine the scope of 'waters of the United States,' courts apply the significant nexus test derived from U.S. Supreme Court precedent, which evaluates whether such waters significantly affect the chemical, physical, and biological integrity of traditionally navigable waters.
The Sixth Circuit held that the Army Corps of Engineers did not exceed its authority under the Clean Water Act in asserting jurisdiction over the subject waters. The court found that the waters had a significant nexus to navigable waters and therefore fell under the CWA's jurisdiction.
This case is significant as it underscores the court’s deference to administrative agencies in interpreting environmental statutes unless such interpretations are arbitrary, capricious, or manifestly contrary to the statute. For law students, it highlights the intersection of agency interpretation, judicial deference, and statutory limits, central issues in environmental and administrative law. Moreover, it exemplifies how federal environmental statutes like the CWA can influence state control over local natural resources.