Sackett v. EPA and the Future of the Clean Water Act

In collaboration with the American College of Environmental Lawyers (ACOEL) and The Foundation for Natural Resources and Energy Law

The U.S. Supreme Court’s May 25 landmark decision in Sackett v. EPA ends over 30 years of volleying between the judicial and executive branches of the federal government over the jurisdictional reach of the Clean Water Act (CWA).

In finding that the “significant nexus” test is not authorized by the CWA, and instead setting out a new, much narrower test, the effect of the Sackett decision on federal and state regulation of discharges to and modification of waters and wetland will be immediate and substantial. The decision also provides important insights into the Court’s view of the federal government’s role in environmental protection and the role of the courts in reviewing agency interpretations of statutes.

This hot-topic webcast, jointly organized by ALI CLE and ACOEL, features an all-star cast that includes the attorney who argued for the Sacketts at the Supreme Court, a renowned water law scholar, and two practitioners with vast experience in advising clients on CWA issues. In just 75 minutes, they will dissect the Court’s opinion and offer insights regarding the future of CWA regulations and federal environmental law in general.