Chair of Locke Lord’s Renewable Energy Section and Houston Environmental Partner Ben Cowan was quoted on the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency (EPA) and its immediate implications and questions raised by the Court’s decision. The decision, which ruled that the EPA and the U.S. Army Corps of Engineers had overreached their regulatory authority over wetlands, overturned a lower court ruling that an Idaho landowner’s property was subject to regulation under the Clean Water Act. Cowan notes that the regulated community is wrestling with the ruling for current projects and waiting to see what the EPA’s rulemaking will entail.
“Is it open season on wetlands? I mean, it could be, but I don’t think that will be the response,” Cowan said. “Certainly, for projects that are under development right now, it’s going to be a very different calculus.”
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