U.S. Supreme Court

The Biden administration intends to update its “waters of the United States” regulation, which determines the upstream reach of anti-pollution laws, by Sept. 1, said the EPA on Wednesday. The revised WOTUS rule will reflect the recent Supreme Court decision that reduces federal protection of wetlands, it said.

Mark Squillace, a professor of Natural Resources Law at the University of Colorado Law School, spoke with FERN's Ag Insider about how a recent Supreme Court decision will affect the nation's wetlands. This interview has been edited for length and clarity. (No paywall)

In a decision that will narrow federal protection of wetlands, the Supreme Court ruled on Thursday that the 1972 clean water law applies only to marshy areas with “a continuous surface connection” to streams, oceans, rivers, or lakes. “Today’s ruling is a profound win for property rights and the constitutional separation of powers,” said the Pacific Legal Foundation, which argued the case for a couple blocked from building a home in northern Idaho. (No paywall)

In a 5-4 decision on Thursday, the U.S. Supreme Court upheld a California law that regulates the treatment of sows and other farmed animals and prevents the sale of meat products from other states that do not meet its requirements. The Humane Society of America has called it “the strongest law in the world addressing animal confinement,” while farm interests claim that it interferes with interstate commerce protected by the U.S. Constitution. (No paywall)

Stepping ahead of a pending Supreme Court ruling, the Biden administration spelled out through a new regulation the upstream reach of water pollution laws, saying it would assure safe drinking water for Americans "while supporting agriculture, local economies and downstream communities." Farm and home-builder groups, who helped stall an Obama-era definition of the "waters of the United States" (WOTUS), said the Biden WOTUS rule also was a regulatory nightmare built on murky interpretations of the law.

For the second time in a week, the Supreme Court rejected Bayer's attempts to shield itself from lawsuits alleging that its Roundup weedkiller is carcinogenic. Bayer said it "is not surprised" by the decision on Monday and pointed to the possibility of a change in the legal environment in its favor.

The U.S. Supreme Court refused on Monday to hear a meat industry challenge to California's voter-approved Proposition 12, which requires farmers to give sows, veal calves, and egg-laying chickens more room to move about and bans shipments of pork, veal, and eggs produced outside of California if the animals are housed in conditions that do not meet California's standards.

On a 6-3 vote, the U.S. Supreme Court overturned a California labor law on Wednesday that allowed union organizers onto an agricultural employer's property to enlist farmworkers to join the union. The 1975 law was a legacy of Cesar Chavez, a founder of the United Farm Workers union.

The U.S. Supreme Court refused to hear a challenge to the landmark California law that says table eggs shipped into the state for sale must come from farms that give chickens enough room to stand, turn around, and fully extend their wings.