'Significant nexus' focus of SCOTUS WOTUS test

Throughout its history the US Army Corps of Engineers has had purview over water that flows into bodies that can support navigation and in 2014, through the US Environmental Protection Agency, the Obama White House moved to identify more closely the sources of non-point pollution. Despite a judge's ruling EPA went forward with a new federal rule protecting small streams, tributaries and wetlands.  

Waters of the United States or WOTUS legislation seeks to give authority to EPA and the Corps to use some teeth to enforce the rights of people downstream to have clean water. But Republicans and their toadies cry government overreach while WOTUS architects regroup for another round in Congress. Sackett v. EPA is in the Supreme Court spotlight in a test of the authority of the agency to regulate wetland protection. 

So, fifteen Earth haters in the US House of Representatives want lawmakers to wait on new Clean Water legislation in anticipation that a Trump-packed Supreme Court of the United States will reverse environmental protection for a majority of American citizens and enable the corporatocracy to pollute at will.

In particular, the Sacketts have asked the Supreme Court to consider whether the so-called "significant nexus" test is the right method used when it comes to wetlands. Significant nexus is established if there is a connection to a downstream waters of the U.S. and if an area in question has an effect on the chemical, physical, or biological integrity of traditional navigable water. [House Members Seek WOTUS Rule Delay]

In a related story the Corps has delayed releases downstream from the Fort Peck Dam in Montana because of expected snowpack deficits.