Neal McAliley Interviewed in Inside EPA: “SCOTUS Seeks EPA Response in WOTUS Suit on ‘Indistinguishable’ Queries”
Neal McAliley was interviewed in an Inside EPA article titled “SCOTUS Seeks EPA Response in WOTUS Suit on ‘Indistinguishable’ Queries.” The article discusses the Environmental Protection Agency’s pending response to a petition seeking high court review of the ruling in Andrews v. United States, which found that regulators have authority over relevant farmland despite lacking an “indistinguishable” surface water connection as required by Sackett v. EPA. The case could help define such key terms that the EPA is grappling with in its pending rule defining “waters of the United States” (WOTUS).
In Sackett, the high court declined to define terms such as “relatively permanent” and “continuous surface connection.” “If the court takes Andrews, I would think that the issue they’re going to take is, ‘what is continuous surface connection,’ which would clarify this issue a lot.”
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