U.S. Supreme Court,
Land Use
Jun. 13, 2023
The U.S. Supreme Court gives new contours to the term "wetland" in Sackett v. EPA
The Sackett opinion reinforces a recent trend focused on narrow textual readings of statutory requirements and reining in the jurisdiction of administrative agencies.
Maureen F. Gorsen
Partner
Sidley Austin LLP
Email: maureen.gorsen@sidley.com
Georgetown University Law Center; Washington DC
Maureen is a member of Sidley's Environmental practice, focusing on enforcement defense and regulatory compliance.
Caleb J. Bowers
Senior Associate in the Environmental Group
Sidley Austin LLP
Email: cbowers@sidley.com
What is a wetland? In a recent vote, the U.S. Supreme Court unanimously held that the Clean Water Act (CWA) did not extend to wetlands separated by a thirty-foot road from a drainage creek near a navigable lake. The decision, Sackett v. EPA, nullifies a decades-long standard that used fact-based analysis to determine whether wetlands adjacent to "waters of the United...
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