The Environmental Protection Agency on Tuesday amended its definition of “waters of the United States” to align with the U.S. Supreme Court’s narrow interpretation of the Clean Water Act, as environmental lawyers predicted renewed litigation.

In May, the high court ruled in Sackett v. Environmental Protection Agency that the agency’s earlier definition exceeded its statutory authority and that “waters of the United States” was limited to wetlands that directly adjoin rivers, lakes and other navigable bodies of water. The court rejected the agency’s broad “significant nexus” test for determining which wetlands are legally protected.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]