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Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), also known as Sackett II (to distinguish it from the 2012 case), was a United States Supreme Court case in which the court held that only wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters" are covered by the Clean Water Act.
As a result of the Court's decision, federal agency decisions on these lands affecting isolated wetlands will no longer be subject to section 404 permitting, but they will still be subject to requirements of the National Environmental Policy Act and Executive Orders dealing with wetlands, floodplain management, and protection of migratory birds.
The ruling is another example of the court's conservative justices powering a decision that curbs broad power of federal agencies, a consistent theme in recent years.
In a 5-4 vote, the Supreme Court limits federal protection for wetlands in a property rights case, saying the Clean Water Act does not usually apply to the marshy areas.
United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice , John Roberts , and Associate Justice Samuel Alito .
The U.S. Supreme Court has stripped federal agencies of authority over millions of acres of wetlands, weakening a bedrock environmental law enacted a half-century ago to cleanse the country’s ...
The Supreme Court on Thursday sharply limited the federal government's authority to police water pollution into certain wetlands, the second decision in as many years in which a conservative ...
Protection of wetlands and small streams is a major focus of the Clean Water Rule. The Clean Water Rule is a 2015 regulation published by the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) to clarify water resource management in the United States under a provision of the Clean Water Act of 1972. [1]