States, Lawmakers Urge SCOTUS to Limit Federal Water Control

The U.S. Supreme Court should toss the “significant nexus” standard and adopt a more limited view of the federal government’s power over “waters of the United States,” according to separate filings by lawmakers, states, and industry groups.

The groups filed briefs Monday in support of Idaho landowners challenging the Ninth Circuit’s finding that their property contained wetlands subject to federal regulation. Michael and Chantell Sackett’s home required a permit under the Clean Water Act because the wetlands “bear a significant nexus” to Priest Lake in northern Idaho, the court said.

The “amorphous, judge-made standard” gives federal agencies “all the leash ...