Archive | WOTUS

Another Look at Waters of the United States

On October 18, 2022, we wrote about Sackett v U.S. Environmental Protection Agency, ____ US ____ (No. 21-454). We wrote, the question presented in Petitioners’ brief is, “Did the Ninth Circuit set forth the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act, 33 U.S.C. Sec. 1362(7)?” The logic of the designation is difficult to follow.  The property is across the street from Priest Lake, Idaho.  The lake is navigable water.  There is no water path from the lake to the Petitioners’… read more

Posted in Clean Water Act, Navigable Waters, WOTUS
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