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Sackett v. EPA United States Supreme Court Decision: Some Clarity, But More Uncertainty

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