Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
E2 Law Blog
MAY 26, 2023
The wetlands at issue are separated by a 30-foot road from an unnamed tributary that feeds into a non-navigable creek that feeds into Priest Lake, a navigable but wholly intrastate water body. In so holding, the majority expressly rejects the “significant nexus” test espoused by Justice Kennedy in his concurring opinion in Rapanos v.
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