EPA Urges High Court To Deny Sacketts’ Bid For Narrow Wetlands Test

November 29, 2021
EPA is urging the Supreme Court to deny a petition from Idaho landowners who want the court to endorse the late Justice Antonin Scalia’s narrow test for determining what wetlands are regulated under the Clean Water Act (CWA), arguing there is no circuit split on the issue and that the agency is in the midst of developing a new regulatory definition. “After the agencies consider public comments on the proposed rule and promulgate a new regulatory definition of ‘waters of...

Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.