Courthouse Steps Decision: Sackett v. Environmental Protection Agency

In Sackett, the Court clarified one of the longest-standing environmental law challenges: defining “waters of the United States.” The Court unanimously rejected the “significant nexus” test for jurisdiction and adopted the “relatively permanent waters” test from the plurality decision in the 2006 case, Rapanos v. United States. Also in Sackett, a 5-4 majority narrowed the definition of adjacent wetlands significantly.Listen to a recording of this panel as they discuss the Court’s decision, how it might impact the Biden EPA’s recently adopted regulation, and the future of the Clean Water Act. Featuring:--Moderator: Hon. Thomas Griffith, Fmr. Judge, US Court of Appeals, DC Circuit; Special Counsel, Hunton Andrews Kurth --Deidre Duncan, Partner & Environmental Practice Group Leader, Hunton Andrews Kurth--Tom Ward, Vice President for Litigation, National Association of Home Builders--Sambhav Sankar, Senior Vice President of Programs, EarthjusticeProfessor William W. Buzbee, Director, Environmental Law & Policy Program, Georgetown Law