EPA Warns High Court Narrow CWA Test Would Produce ‘Arbitrary Results’

EPA is urging the Supreme Court to reject Idaho landowners’ preferred test for identifying wetlands subject to the Clean Water Act (CWA), arguing that a standard based on “continuous surface connections” between waters will lead to “a host of thorny questions and potentially arbitrary results” while defending the broader “significant nexus” test. The agency’s June 10 merits brief for the case Sackett v. EPA says petitioners -- an Idaho couple locked in a decade-long legal battle over their plans...