January 24, 2022
21-454 SACKETT, MICHAEL, ET UX. V. EPA, ET AL. The petition for a writ of certiorari is granted limited to the following question: Whether the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act, 33 U. S. C. §1362(7).
from the summary of the 9th Circuit decision above:
The panel concluded that EPA reasonably determined that plaintiffs’ property contained wetlands. It further determined that the record plainly supported EPA’s conclusion that the wetlands on plaintiffs’ property were adjacent to a jurisdictional tributary and that, together with a similarly situated wetlands complex, they had a significant nexus to Priest Lake, a traditional navigable water, such that the property was regulable under the CWA and the relevant regulations.
The case has a very long history - having been to the Supreme Court once before in 2012
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