Ninth Circuit Rejects Clean Water Act Challenge; Will SCOTUS Finally Revisit Rapanos?
The decision might prove costly to the Biden Administration and others invested in a relatively broad definition of WOTUS. This week the Ninth Circuit issued yet another Clean Water Act ruling in what is now the 13th year of the Sackett v. EPA litigation, a case about the U.S. Environmental Protection Agency’s authority to regulate a 0.63-acre residential lot near Idaho’s Priest Lake that has already generated one important Supreme Court decision. After rejecting EPA’s arguments that its recent withdrawal of the compliance order at the heart of the matter mooted the case, the [...]