6-29-2023
By Taya MacLean, PWS
On May 25, 2023, the U.S. Supreme Court issued its decision in the case of Sackett v. Environmental Protection Agency (EPA), narrowing the interpretation of federal waters of the United States (WOTUS). Specifically, the court determined that wetlands on the Sackett property, located in northern Idaho, were not subject to federal Clean Water Act (CWA) regulations because they are “distinguishable” from any other jurisdictional water. Per this decision, only those adjacent wetlands that are directly touching or have a continuous surface connection to a relatively permanent water or “distinguishable” are considered WOTUS. In addition, the decision abandons the existing significant nexus test for adjacent wetland. Considering this decision, the Environmental Pr... (more)