The Supreme Court recently ruled in the case of Sackett v. EPA, which involved a couple’s attempt to build a home on their land near a lake. The EPA claimed that the property was a wetland and therefore fell under their jurisdiction, meaning that the couple would need expensive permits to build. This decision was challenged by the Sacketts and eventually went to the Supreme Court in 2012. The Court ruled that the EPA’s decision was final, meaning the couple could challenge it.
Now, 11 years later, the Sacketts were back at the Supreme Court to argue whether their property could be regulated as “waters of the United States” under the Clean Water Act. The Court ultimately rejected the previous “significant nexus” test and adopted a narrower test from a previous case. This decision provides clarity for property owners across the country and ensures that they can build on their property without undue regulation from the EPA.
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