The United States Supreme Court granted an appeal on January 24, 2022 to reconsider federal Clean Water Act (CWA), jurisdiction over wetlands on a couple’s property in Idaho. The Supreme Court knows the appellants (the Sacketts). In 2012, the Court ruled that the Sacketts could appeal an EPA unilateral administrative decision before EPA attempted to enforce it (Sacket I). Since then, the underlying enforcement case against EPA has been in progress. The Ninth Circuit Court of Appeals ruled that the wetlands on their property were federally regulated. The Supreme Court will decide whether the Ninth Circuit provided the correct test for determining if wetlands are waters in the United States. [CWA], 33 U.S.C. 1362(7) (Sacket II).
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