Agencies’ Post-Sackett JD Procedures Spark Debate Over EPA’s Role

November 8, 2023
EPA and the Army Corps of Engineers have quietly issued procedures for coordinating on jurisdictional determinations (JDs) in the wake of the Supreme Court’s Sackett v. EPA ruling, sparking a debate on whether the new memos increase EPA’s relative power in the process compared to what was previously in place. EPA on Sept. 27 quietly issued two joint memos to the field on how EPA, the Corps, and the Department of the Army will coordinate on JDs. One memo...

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