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Environmental & Energy

Sep. 29, 2022

Sackett v. U.S. Environmental Protection Agency: When are waters wetlands?

The question presented, as formulated by the Court is: "Did 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)?"

Michael J. Van Zandt

Partner
Hanson Bridgett LLP

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On the first Monday in October (Oct. 3), the United States Supreme Court will hold its opening session of the year and hear arguments - including a long-running dispute concerning the federal Clean Water Act. The question presented, as formulated by the Court is: "Did 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)?"

The 9th Circuit...

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