Supreme Court Limits EPA’s Regulatory Authority Over Wetlands

The US Supreme Court is seen in Washington DC on May 25, 2023. The Supreme Court ruled against the Environmental Protection Agency in a dispute over its authority to regulate some wetlands under the Clean Water Act.  PHOTO BY MANDEL NGAN/GETTY IMAGES

The U.S. Supreme Court on May 25, 2023, unanimously held in Sackett v. Environmental Protection Agency (EPA) that the EPA’s regulatory jurisdiction over the nation’s wetlands is limited. 

The decision echoes the court’s 2022 ruling in West Virginia v EPA, in which the justices limited the scope of the agency’s authority to regulate greenhouse gas emissions.