Justices Seen Searching For ‘Middle Ground’ On CWA Wetlands Test

Observers expect the Supreme Court to find a “middle ground” on the standard for subjecting wetlands to Clean Water Act (CWA) permit requirements and other protections after a majority of justices appeared reluctant to adopt the narrow test backed by industry and conservatives, but say even such a compromise is almost certain to shrink the law’s scope. While the court’s most conservative members appeared to back the petitioners during Oct. 3 oral argument in Sackett v. EPA , “I did...