May 26, 2023 Article

Post Sackett: What Is the Scope of the Clean Water Act?

The Supreme Court of the United States (SCOTUS) rendered a decision in Sackett et ux. v. EPA addressing what Justice Alito referred to as a “nagging question” of what water bodies are covered under the Clean Water Act (CWA). What constitutes “Nation’s waters” and what exactly the United States has jurisdiction over, has been hotly contested for decades with different administrations proposing agency rules and guidance to clarify what constitutes a Water of the United States and how such determinations should be made.

Preti Flaherty’s Kijana Plenderleith breaks down the Supreme Court ruling, provide an overview of Rapanos v. United States and prior administration’s efforts to define Waters of the United States to show how much of a change the Sackett decision represents, and offer context to help evaluate the potential impacts. Read the full article here.