Plain-English summary
Court narrows Clean Water Act to wetlands with continuous surface connection to U.S. waters
The Court held that the Clean Water Act covers only wetlands that have a continuous surface connection to relatively permanent bodies of water that are themselves connected to traditional navigable waters. The Sacketts’ dry lot near Priest Lake, Idaho, is not covered, so EPA’s enforcement order was invalid.
Why this matters
The decision narrows federal Clean Water Act jurisdiction. Many wet or seasonally wet land areas that lack a continuous surface connection to relatively permanent waters will fall outside federal permitting requirements, shifting more regulatory responsibility to states and affecting how the EPA enforces pollution and fill rules.
Who may feel it
- Homeowners and landowners with wetlands or seasonally wet lots
- Developers and builders working on properties near wetlands
- State and local governments that regulate wetlands and land development
- Environmental groups and water-quality regulators (EPA, Corps of Engineers)
Key questions
- Does the Clean Water Act reach wetlands that do not have a continuous surface connection to relatively permanent waters?
- How should courts and agencies identify which wetlands are "waters of the United States" under the Act?