Post-Sackett, Who Will Speak for the Clean Water Act?
Law and Environment
DECEMBER 29, 2023
Earlier this month, in Lewis v. United States the 5 th Circuit issued a decision interpreting the Supreme Court’s decision in Sackett v. EPA. The 5 th Circuit decision is a model of clarity and demonstrates what I’ll call the good side of Sackett. And clarity is definitely the right word here. One might say clarity is the holy grail that critics of EPA’s and the Corps’ efforts to interpret WOTUS have focused on.
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