Scalia

WOTUS and the Future of Wetland Protection

WOTUS and the Future of Wetland Protection

In recent years it has become unclear what wetlands are protected. Senior Staffer Seth Stroud discusses the upcoming Supreme Court case, Sackett v. EPA, which will analyze this issue. The plaintiffs believe the Court should use Justice Scalia’s test (continuous surface connection) while opposing counsel favors Justice Kennedy’s test (significant nexus) for determining what wetlands will be protected. While Stroud analyzes this issue, he expresses the concern of many that the Supreme might be undercutting EPA’s rule-making efforts.