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Sackett v. Environmental Protection Agency

143 S.Ct. 1322 (2023)

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Sackett v. Environmental Protection Agency

United States Supreme Court
143 S.Ct. 1322 (2023)

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Facts

Michael and Chantell Sackett (plaintiffs) purchased a vacant lot in Idaho that contained wetlands. In preparation for building a house, the Sacketts backfilled their land with dirt and rocks. The Environmental Protection Agency (EPA) (defendant) determined that the wetlands on the Sacketts’ property were protected by the Clean Water Act (CWA) and that the Sacketts’ backfilling violated the CWA. The EPA ordered the Sacketts to stop work and to restore the wetlands or else face penalties exceeding $40,000 per day. The Sacketts sued, arguing that the CWA did not apply to their landlocked wetlands. The EPA claimed that the CWA applied because the Sacketts’ wetlands had a significant nexus to protected waters. Specifically, 30 feet from the Sacketts’ property, a ditch fed into a nonnavigable creek that fed into Priest Lake, a navigable intrastate lake. After an initial procedural challenge by the EPA, the United States Supreme Court ruled that the Sacketts could pursue the lawsuit. On remand, the district court ruled for the EPA on the merits. The Ninth Circuit affirmed, finding that the Sacketts’ wetlands had a significant nexus to Priest Lake. The Supreme Court granted certiorari to review the merits.

Rule of Law

Issue

Holding and Reasoning (Alito, J.)

Concurrence (Kavanaugh, J.)

Concurrence (Kagan, J.)

Concurrence (Thomas, J.)

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Environmental Law
Property

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