Idaho couple challenges EPA over Clean Water Act
The Supreme Court will take another shot at determining the scope of the Clean Water Act. This time, in a long-running dispute between an Idaho couple and the EPA over an area of their property, deemed as a wetland.
In 2021, the high court said that Michael and Chantell Sackett could challenge EPA’s compliance order, but the agency withdrew it.
Then, last summer, the 9th Circuit Court affirmed EPA’s wetlands determination process. So, the Sacketts have asked the high court to once again intervene, fearing EPA could reissue the order at any time.
Justices announced this morning that they will hear the case but it will be limited to the question of whether the lower court set forth the proper test for determining a wetland.