Supreme Court limits federal authority over wetlands with stricter test
May 28 (ZFJ) — The federal government can only regulate wetlands with “a continuous surface connection” to adjacent “waters of the United States” under the Clean Water Act (1972), ruled the Supreme Court on Thursday, May 25, in Sackett v. EPA (21-454).
The CWA is the primary federal law regulating water pollution and prohibits the “discharge of any pollutant,” including “chemical wastes,” “rock,” and “sand,” into “navigable waters,” defined as “the waters of the United States, including the territorial seas.