9th Circuit Renews ‘Significant Nexus’ Test In Long-Running Wetlands Suit

A federal appellate court is criticizing EPA’s attempts to end long-running litigation over whether the Clean Water Act (CWA) applies to wetlands on an Idaho couple’s property but is rejecting the property owners’ effort to throw out a broad Supreme Court test for determining if waterbodies are jurisdictional. In a unanimous Aug. 16 ruling in Sackett v. EPA , a three-judge panel of the U.S. Court of Appeals for the 9th Circuit rejects the agency’s argument that the case had...