West Virginia’s Water and Land Rights EPA Case in U.S. Supreme Court -
"West Virginia Attorney General Patrick Morrisey, who led a 26-state coalition in filing a brief in the case, said the High Court heard arguments in a case that could determine how far the federal government’s regulatory reach extends over rivers, lakes, streams, pools of water, wetlands and more.”
Why this is important: The U.S. Supreme Court’s review of the Clean Water Act (“CWA”) in Sackett v. EPA is limited to the following question: whether the U.S. Court of Appeals for the 9th Circuit “set forth the proper test for determining whether wetlands are ‘waters of the United States’” (“WOTUS”) under the CWA. The 9th Circuit looked to Justice Anthony Kennedy’s significant nexus test in his concurring opinion in Rapanos v. U.S. to uphold the trial court’s determination that the wetland on the Sackett property was regulated under the CWA.
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