Sackett v. EPA

The Court ruled that the Clean Water Act covers only traditional bodies of water, such as streams, oceans, rivers, and lakes, and wetlands that are indistinguishable from them because of a continuous surface connection. It reversed the Ninth Circuit's decision and sent the case back for further proceedings.

The Court ruled 9-0. Justice Samuel A. Alito Jr. wrote the opinion, joined by Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett; Justices Clarence Thomas, Elena Kagan, Brett M. Kavanaugh, Neil Gorsuch, Sonia Sotomayor, and Ketanji Brown Jackson concurred, with Thomas, Kagan, and Kavanaugh writing concurrences.

Majority

Alito

Roberts

Thomas

Gorsuch

Barrett

Kagan

Sotomayor

Jackson

Kavanaugh

““Waters” refers only to geographic features described in ordinary language as “streams, oceans, rivers, and lakes,” plus adjacent wetlands that are “indistinguishable” because of a continuous surface connection.”

The decision narrows which wetlands need federal Clean Water Act permits. Property owners, builders, farmers, and regulators must now assess whether a wetland has a continuous surface connection to a covered waterway.

Lower courts and federal agencies must apply the continuous-surface-connection test in future wetlands cases and permitting decisions. The Sackett case returns to the lower court for further proceedings under that standard.

The Court said the Clean Water Act covers wetlands only when they have a continuous surface connection to covered waters. It reversed the Ninth Circuit.

Property owners, builders, farmers, regulators, and nearby communities may be affected. Some wetlands without a continuous surface connection will not require federal permits.

The case goes back to the lower court. Courts and agencies must use the Court's continuous-surface-connection standard in later cases and permit decisions.