John Fumero, partner with Nason, Yeager, Gerson, Harris & Fumero in Boca Raton, FL.. Courtesy photo US Supreme Court Narrows Federal Wetlands Jurisdiction
On May 25, 2023, the U.S. Supreme Court announced a five-justice majority decision in the case of Sackett v. Environmental Protection Agency. The case arose out of a decades-long dispute over whether the Sackett's property is subject to federal wetland permitting requirements under the Clean Water Act (CWA). Federal jurisdictional wetlands under the CWA are commonly referred to as "water of the United States" (WOTUS).
July 26, 2023 at 10:15 AM
7 minute read
Board of Contributors
On May 25, 2023, the U.S. Supreme Court announced a five-justice majority decision in the case of Sackett v. Environmental Protection Agency. The case arose out of a decades-long dispute over whether the Sackett's property is subject to federal wetland permitting requirements under the Clean Water Act (CWA). Federal jurisdictional wetlands under the CWA are commonly referred to as "water of the United States" (WOTUS). The Sacketts previously were before the Supreme Court in 2012, when the court ruled that an Army Corps of Engineers (Corps) jurisdictional determination is a final agency action that an applicant can challenge in court.
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