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Overview On May 25, 2023, the United States Supreme Court released its much-awaited decision in Sackett v. United States. The case addresses how to determine whether a wetland is “waters of the United States” (WOTUS) under Section 404 of the Clean Water Act (CWA). After a somewhat bizarre oral argument in October, no one knew what to expect from the Court. All nine of the Justices rejected the open-ended “substantial nexus” test to determine whether wetlands and other waters are WOTUS. All nine Justices
From Jesse Richardson, WSC Legal AdvisorSackett v. EPA Oral Arguments Oral arguments in Sackett v. EPA were held before the United States Supreme Court on Monday, October 4, 2022. The case is another foray into the difficult question of what constitutes “waters of the United States” (WOTUS) under the Clean Water Act. For those of you who have seen my presentations on WOTUS and the pictures of rollercoasters that I use to represent the way the law has evolved, after reading the transcript of the arguments,