Waters of the United States No Longer Frozen in Time — Supreme Court Decision Narrows Federal Jurisdiction Over Wetlands

The US Supreme Court in Sackett v. EPA, No. 21-454, 2023 US LEXIS 2202 (May 25, 2023), rejected the wetlands “significant nexus” test established in Rapanos v. United States , 547 US 715 (2006), a broad definition of “adjacent” wetlands, and, presumably, the newest promulgated rule that attempts to define “waters of the United States” (WOTUS). 88 Fed. Reg. 3004 (2023) (to be codified in 40 C.F.R. § 120.2, and 33 C.F.R. § 328).

In the early 1970s, the Clean Water Act (CWA) was enacted, and it is jointly enforced by the US Environmental Protection Agency (EPA) and the Army […]

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