Analysis

Why The High Court Is Diving Into Murky CWA Question

By Juan Carlos Rodriguez (January 24, 2022, 8:57 PM EST) -- In a surprising move on Monday, the U.S. Supreme Court said it will weigh in on how federal courts and agencies should determine whether a water body is subject to the Clean Water Act's jurisdiction, a controversial area of law but not one that has generated a huge difference of opinion in lower courts.

In granting Idaho landowners Michael and Chantell Sackett's petition for writ of certiorari on Monday, the court has put years of mostly settled case law in its crosshairs. If a water body is protected under the act, it means federal agencies can require permits with certain conditions...

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