House Joint Memorial No. 13 is a resolution from the Idaho Legislature addressing the jurisdiction of the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers over "waters of the United States" (WOTUS) as defined by the Clean Water Act (CWA). The resolution references the Supreme Court's 2023 decision in Sackett v. EPA, which clarified that federal jurisdiction only extends to wetlands with a continuous surface connection to relatively permanent bodies of water. The Idaho Legislature expresses concern that the EPA and Corps have not adhered to this ruling and continue to assert jurisdiction over intermittent and ephemeral streams, which do not meet the new standard established by the Court.
The resolution urges federal agencies to implement the Sackett decision, rescind outdated guidance, and provide updated training and materials that reflect current law. Additionally, it calls on Idaho's congressional delegation to support legislation that codifies the Sackett standards into the CWA and ensures oversight to prevent the reintroduction of overturned standards. The resolution emphasizes the importance of predictable and lawful permitting processes for Idaho's agriculture, housing, and infrastructure projects, which are adversely affected by the agencies' current practices.