Environmental & Energy
May 26, 2023
EPA water jurisdiction limited by Supreme Court
“In sum, we hold that the [Clean Water Act] extends to only those ‘wetlands with a continuous surface connection to bodies that are waters of the United States in their own right,’ so that they are ‘indistinguishable’ from those waters,” Justice Samuel A. Alito Jr. wrote for the majority.
In a sweeping decision, the U.S. Supreme Court on Thursday ruled 5-4 that Clean Water Act jurisdiction under a law passed by Congress in the 1970s extends only to wetlands with a continuous surface connection to larger bodies of water.
The court unanimously reversed a 9th U.S. Circuit Court of Appeals decision upholding an Environmental Protection Agency ruling against an Idaho couple seeking to build a house on their property near Priest ...
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