Archive | CWA

Waters of the United States? Don’t Bet on It!

The United States Supreme Court handed down Sackett v Environmental Protection Agency on May 25, 2023. We had written about the case in Bulldozers at Your Doorstep several times. On May 2, 2023, 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… read more

Posted in CWA, Navigable Waters, WOTUS
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