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U.S. Supreme Court,
Environmental & Energy

May 23, 2022

Revival of Sackett v. EPA once again brings the definition of WOTUS to the Supreme Court

The EPA and Army Corps have not solidified a definition of WOTUS and have left the field filled with uncertainty.

Ana D. Schwab

Director of Government Relations
Best Best & Krieger LLP

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For many decades, jurists have grappled with the question of what is considered waters of the United States (WOTUS).

For the second time in a decade, the Supreme Court of the United States has granted certiorari in Sackett v. Environmental Protection Agency. The Sacketts own property in a “mostly built-out residential subdivision” in Idaho, which the Sacketts seek to build on. Sackett v. EPA, Petition for Writ of Certiorari on behalf of Mi...

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