Supreme Court Issues Wetlands Ruling In Sackett v. EPA Decision

In Short

The Development: On May 25, 2023, the United States Supreme Court issued its decision inSackett v. EPA, providing new insight into whether wetlands qualify as "waters of the United States" subject to regulation under the Clean Water Act ("CWA").

The Result: The Supreme Court held that wetlands are covered by the CWA only if they have a continuous surface connection with some relatively permanent body of water linked to a traditional navigable waterway. The Court rejected the broader test advocated by the Environmental Protection Agency ("EPA"), which would have deemed wetlands to be covered whenever they have a "significant nexus" to such waters, even in the absence of any surface connection.