Supreme Court Checks Federal Reach Over Wetlands

In May, the Supreme Court released its highly anticipated ruling on Sackett v. EPA, providing clarity on the waters that may be federally regulated under the jurisdiction of the Clean Water Act (CWA). Referred to as WOTUS (waters of the U.S.), the ruling narrowly limits EPA’s authority over waters and wetlands moving forward.

The case began in 2007 when EPA intervened to shut down construction of the Sacketts’ home in Idaho, claiming they were filling in a protected wetland and violating the CWA. The Sacketts filed suit, eventually getting to the Ninth Circuit, which held that the CWA covers adjacent wetlands with a “significant nexus” to traditional navigable waters and that the Sacketts’ lot met this standard.

THE DEMISE OF “SIGNIFICANT NEXUS”

All nine Supreme Court justices sided with the Sacketts by rejecting the Ninth Circuit’s judgment and the