The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers are drafting a new definition of “Waters of the United States” in light of a recent U.S. Supreme Court decision, Sackett v. EPA, that narrowed the court’s interpretation of the definition. This definition in the Clean Water Act is where EPA derives its authority to regulate and oversee waterways. 

PSATS submitted comments to the agencies explaining how this definition could impact townships and encouraging a revised definition to be narrow and clear, following the Supreme Court’s approach in Sackett. The comments noted that roadside ditches and other stormwater management infrastructure should not be considered “waters” under the definition and should not be subject to federal regulation. Instead, state and local government oversight should be sufficient. Click here to view PSATS’ comments.