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SCOTUS Significantly Restricts EPA's Wetland Authority

In a landmark decision issued today, the U.S. Supreme Court severally restricted EPA's authority under the Clean Water Act to regulate wetlands. Justice Samuel Alito, writing for the majority in Sackett v. EPA, found that wetlands only fall under federal Clean Water Act jurisdiction if they are "indistinguishable" from larger bodies of water by having a "continuous surface connection" to such larger bodies of water.  This is a significant departure from prior legal tests for federal wetland jurisdiction under the Clean Water Act and will have major real world implications for wetlands, especially in states that do not separately regulate or protect wetlands under Clean Water Act authority granted to states. 


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