ENVIRONMENTAL LAW-CLEAN WATER ACT-DEFINITION OF WATERS OF THE UNITED STATES

Sackett v. EPA, 2023 U.S. LEXIS 2202 (S. Ct. May 25, 2023) (Alito, J.). The case defines what waters of the United States means so that it is not over-extensive. The Clean Water Act extends only to those wetlands with a continuous surface connection to bodies that are waters of the United States in their own right, so that they are indistinguishable from those waters. This holding compels reversal here. The wetlands on the Sacketts’ property are distinguishable from any possibly covered waters.