On Monday the Supreme Court granted a new hearing on a case against EPA that could finally decide the definition of Waters of the U.S.  Idaho couple Michael and Chantell Sackett will have their 15-year legal battle heard over a wetlands designation on a parcel that is roughly two-thirds an acre in size.

Scott Yager is Chief Environmental Counsel at the National Cattlemen’s Beef Association.  He says the high court will determine if the Ninth Circuit Court of Appeals followed the proper tests for determining whether wetlands are “waters of the United States” under the Clean Water Act.

Yager was surprised the Supreme Court took the case because WOTUS is in the rulemaking process.  He thinks that’s a good sign.

Yager says the big question now is whether or not EPA will continue to push forward with the rulemaking for a new WOTUS rule, with the comment period on the first proposal to close on February 7.

The Supreme Court did not set a date Monday, but the Sackett case against EPA and the Corps of Engineers will be heard by the court this spring.