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Archive | Clean Water Act

May 2, 2023

Another Look at Waters of the United States

On October 18, 2022, we wrote about Sackett v U.S. Environmental Protection Agency, ____ US ____ (No. 21-454). We wrote, the question presented in Petitioners’ brief is, “Did the Ninth Circuit set forth the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act, 33 U.S.C. Sec. 1362(7)?” The logic of the designation is difficult to follow.  The property is across the street from Priest Lake, Idaho.  The lake is navigable water.  There is no water path from the lake to the Petitioners’… read more

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Posted in Clean Water Act, Navigable Waters, WOTUS
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October 18, 2022

Supreme Court Weighs Wetlands Protection.

On October 3, 2022, the Supreme Court heard argument in Sackett v U.S. Environmental Protection Agency, ___ U.S. ___ (No. 21-454).  The Sacketts bought their land in 2004 in a subdivision near Priest Lake, Idaho.  They obtained the necessary permits to build a modest three-bedroom family home.  In 2007 they began construction only to have EPA officials demand they stop, alleging that their land was protected wetlands under federal jurisdiction.  The EPA’s compliance order claimed the construction violated the Clean Water Act (CWA) because their property was a federally regulated… read more

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Posted in Clean Water Act, Navigable Waters, Wetlands
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