Sackett v. Environmental Protection Agency: Muddying the Clean Water Act

Author
Jacob Braun

Sackett v. Environmental Protection Agency (EPA) began in the small town of Priest Lake, Idaho, but concluded with implications for almost all waterways in the country. Dispute over jurisdiction of the Clean Water Act (CWA) has been continuous since its inception, but Sackett is potentially the largest change in its history. By redefining the Waters of the United States (WOTUS) away from the previous, more lenient, rule, the Supreme Court dramatically reduced the capacity of the CWA to protect wetlands adjacent to traditionally navigable waters. This decision highlights the ambiguity at the heart of the CWA’s jurisdiction, but the final decision is not able to address this in a meaningful way.