The End of an Era: U.S. Supreme Court Eliminates Significant Nexus Test in Favor of Relatively Permanent Waters, Ruling in Favor of the Sacketts and States’ Rights by Restricting Jurisdictional Waters of the United States

Yesterday, the U.S. Supreme Court released its highly anticipated opinion in Sackett v Environmental Protection Agency, delineating the appropriate standard to determine waters of the United States (WOTUS) under the federal Clean Water Act (CWA). The Supreme Court significantly reduced the reach of WOTUS from its earlier jurisprudence by holding that under the CWA, the word “waters” refers only to geographical features that are described in ordinary parlance as “streams, rivers, oceans, and...
By: Downey Brand LLP