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U.S. Supreme Court agrees to consider limiting wetlands regulation -Breaking

by Mike Robinson

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© Reuters. FILEPHOTO: This is a general view of Washington, U.S. Supreme Court. It was taken May 22, 2021 in Washington. REUTERS/Erin Scott

Lawrence Hurley

WASHINGTON, (Reuters) – Monday’s U.S. Supreme Court decision to limit the reach of a federal landmark environmental law was made as the court considered the case of an Idaho couple seeking to develop land on which the federal government considers a protected area.

Chantell Sackett with her husband Mike Sackett will appeal against a lower court ruling in favor of the government.

This court will examine the test that courts can use to define “waters in the United States” according to the 1972 Clean Water Act. The answer determines whether property is subject or not to regulation.

In 2007, the U.S. Environmental Protection Agency determined that Sacketts land belonged to a wetland. They were therefore required to get a Clean Water Act permit before they could begin construction. This they failed to do.

The Supreme Court issued a 2006 ruling that further ambiguized the situation.

They are likely to hear the case at their next term in October, and end in June 2023.

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