The Latest Breaking News from Rapanos

Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases?

Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?

Reason · Jun 1, 2023

The Supreme Court just shriveled federal protection for wetlands, leaving many of these valuable ecosystems at risk

The U.S. Supreme Court has ruled in Sackett v. EPA that federal protection of wetlands encompasses only those wetlands that directly adjoin rivers, lakes and other bodies of water. This is an extremely narrow interpretation of the Clean Water Act that could expose many wetlands across the U.S. to filling…

The Conversation · May 26, 2023

In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands

The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.

Reason · May 25, 2023

Supreme Court to hear case on EPA's Clean Water Act authority - Roll Call

The EPA's power to enforce the Clean Water Act could be curtailed in a case to be considered by the Supreme Court when it convenes Monday.

Roll Call · Sep 29, 2022

Which wetlands should receive federal protection? The Supreme Court revisits a question it has struggled in the past to answer

The U.S. Supreme Court opens its new session on Oct. 3, 2022, with a high-profile case that could fundamentally alter the federal government’s ability to address water pollution. Sackett v. EPA turns on a question that courts and regulators have struggled to answer for several decades: Which wetlands and bodies…

The Conversation · Sep 26, 2022