Sackett v. Environmental Protection Agency (2023)

Sackett v. Environmental Protection Agency
Argued October 3, 2022
Decided May 25, 2023
Full case nameMichael Sackett, et ux. v. Environmental Protection Agency, et al.
Docket no.21-454
Citations598 U.S. 651 (more)
ArgumentOral argument
Opinion announcementOpinion announcement
Questions presented
Whether the United States Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act, 33 U.S.C. § 1362(7).
Holding
Only wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters" are covered by the Clean Water Act.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Amy Coney Barrett · Ketanji Brown Jackson
Case opinions
MajorityAlito, joined by Roberts, Thomas, Gorsuch, Barrett
ConcurrenceThomas, joined by Gorsuch
ConcurrenceKagan (in judgment), joined by Sotomayor, Jackson
ConcurrenceKavanaugh (in judgment), joined by Sotomayor, Kagan, Jackson
Laws applied
Clean Water Act

Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), also known as Sackett II (to distinguish it from the 2012 case), was a United States Supreme Court case related to the scope of the Clean Water Act.


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