William M. Ford

May 30, 2023 | jdsupra.com | William M. Ford |Rick Kubler

Thursday, May 25, 2023, in a long-awaited decision, the U.S. Supreme Court dealt a major blow to EPA’s ability to regulate wetlands under the Clean Water Act (CWA). In interpreting the meaning of the undefined term “waters of the United States” or “WOTUS” under the CWA, the majority opinion in Sackett v. EPA adopted a narrow test for determining when a “wetland” is a WOTUS, triggering permitting requirements and enforcement authority.