Sackett vs. U.S. Environmental Protection Agency, U.S. Supreme Court, No. 21-454 (2021)

The rule for determining federal jurisdiction under the Clean Water Act has been unclear since the Supreme Court’s troubling split 4-1-4 decision in Rapanos v. United States, 547 U.S. 715 (2006). The Sacketts have challenged the assertion of Clean Water Act jurisdiction over their property, and NELF has filed an amicus brief supporting them in their petition for certiorari and arguing against the expansive jurisdictional rule applied here by the lower courts.