Authors

Dulaney Marsh, William & Mary Law School

Sackett v. EPA and the Future of Wetland Protections

Abstract

This Note will analyze prior CWA [Clean Water Act] jurisprudence to formulate a test that remains steadfast to Congress’s purpose in originally including “adjacent” wetlands and acknowledges the scientific understanding of wetlands’ relation to and impact on waters. Part I will provide an overview of the CWA legislation and its application in courts. Part II will specifically analyze the Sackett v. EPA decision in order to find a balance between the “significant nexus” and “continuous surface connection” tests. Part III will address criticisms surrounding the overreach of the CWA. Part IV will conversely address criticism concerning the Court’s decision to constrain the outer reaches of the CWA. Finally, Part V will set forth a new test, developed from Justice Kavanaugh’s concurrence in Sackett, that the Supreme Court should apply when analyzing whether any given wetland will be covered by the CWA.

This abstract has been taken from the author's introduction.

Repository Citation

Dulaney Marsh, Sackett v. EPA and the Future of Wetland Protections, 66 Wm. & Mary L. Rev. 215 (2024), https://scholarship.law.wm.edu/wmlr/vol66/iss1/6