Tuesday, October 4, 2022

Supreme Court wades into wetlands to open new term

 The Supreme Court took up the question of what can be defined as waters of the United States under the Clean Water Act, a nearly 16-year dispute, for the second time Monday.

  • Justice Ketanji Brown Jackson did not waste time during her first day on the bench as the Supreme Court began its new term with a challenge against the government's authority to regulate wetlands
  • The Sacketts' property is not directly connected to Priest Lake, a popular tourist destination, but rather is connected by a "shallow subsurface flow."
  • This gets to the heart of the issue before the justices this time around: if the clean water act applies to only surface flow or only continuous surface connection to navigable water
  • Which test the court adopts could have a major impact on what waters the EPA can regulate

https://www.courthousenews.com/supreme-court-wades-into-wetlands-to-open-new-term/

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