Court Delivers Blow To Wetlands Protections In Win For Idaho Landowners

"Idaho couple Mike and Chantell Sackett have fought for years with the federal government over whether land they own includes a federally protected wetland."

"WASHINGTON — The Supreme Court on Thursday significantly weakened a landmark water pollution law by ruling that an Idaho couple's property does not include wetlands subject to federal oversight under the law.

The ruling, in which all the justices agreed in the outcome but differed on the legal reasoning, concluded that Mike and Chantell Sackett's land does not fall under jurisdiction of the 1972 Clean Water Act, so they do not require a federal permit to build on the property.

The decision ends a yearslong battle between the Sacketts and the federal government and is a victory for conservative groups and business interests opposed to the broad application of the water pollution law.

The ruling is another example of the court's conservative justices powering a decision that curbs broad power of federal agencies, a consistent theme in recent years."

Lawrence Hurley reports for NBC News May 25, 2023.


"Supreme Court Erases Protections For Most Wetlands" (E&E News)

"Supreme Court Limits E.P.A.’s Power to Address Water Pollution" (New York Times)

"Supreme Court Curtails Clean Water Act" (SCOTUSblog)

"Supreme Court Sharply Limits Federal Government’s Ability To Police Pollution Into Certain Wetlands" (AP)

"US Supreme Court Rules Against EPA In Wetlands Regulation Challenge" (Reuters)

"US Supreme Court Curbs Clean Water Act in Blow to EPA Power" (Bloomberg Environment)

"White House: Water Ruling ‘Aims To Take Our Country Backwards’" (E&E NEWS)

"Supreme Court Weakens EPA Power To Enforce Clean Water Act" (Washington Post)

"Sackett Et Ux . V. Environmental Protection Agency Et Al." (U.S.Supreme Court)


Source: NBC News, 05/26/2023