← All Cases Coverage by Bryan K. Randolph · BrynoDC

Sackett v. EPA

No. 21-454 SCOTUS · Decided Decided SCOTUS
Cert Granted: Jan 24, 2022 Argued: Oct 3, 2022 Decided: May 25, 2023


The Facts

Michael and Chantell Sackett purchased land near Priest Lake, Idaho and began filling it with sand and gravel for a home. The EPA ordered them to stop, asserting the land was a federally regulated wetland under the CWA. After years of litigation, the Supreme Court addressed the scope of 'waters of the United States.'

The Application

History

Under the continuous surface connection standard, the Sacketts' Idaho land was not subject to federal jurisdiction because, despite its proximity to Priest Lake, it lacked a direct, unbroken surface connection to the navigable water. The EPA had asserted regulatory authority based on the land's wetland characteristics and hydrological proximity to the lake, but the Court's narrowed standard eliminated that jurisdictional hook only wetlands with surface-level connections qualify as regulated waters of the United States. By adopting the most restrictive approach from Rapanos, the majority rejected the EPA's broader reading that would have covered the Sacketts' parcel based on its adjacent status and ecological relationship to the navigable water, thereby removing millions of acres nationwide from federal jurisdiction.

The Conclusion

**Court ruled 5-4 for Sackett.** Alito wrote the majority. EPA and Army Corps lost jurisdiction over millions of acres of wetlands without direct surface connections to navigable waters. Kagan dissented for four justices.

CourtSupreme Court of the United States
Filed -
CL StatusActive
View on CourtListener →

No circuit court data for this case.

Cert GrantedJan 24, 2022
StatusActive
Filed (CL) -
View on CourtListener →
SCOTUS TMR-4fe2f136 Jul 25, 2026

Related Cases (3)

  • Martin v. Hunter's Lessee
    The opinion cites Martin v. Hunter's Lessee for the principle that states possess sovereign authority over their navigable waters and the lands beneath them, derived from their status as independent sovereigns following American Independence.
  • Martin v. Mott
    The opinion cites Martin v. Mott for the historical principle that states retained sovereign authority over their navigable waters and submerged lands following independence from Great Britain.
  • Gitlow v. New York
    The opinion cites Gitlow v. New York for the principle that the meaning of statutory language must be understood within its proper legal and historical context.

Case Analysis

Overview

The Supreme Court held 5-4 that the Clean Water Act's definition of 'waters of the United States' does not encompass wetlands that are adjacent to but do not have a continuous surface connection with a navigable waterway. The Court significantly narrowed the EPA's and Army Corps' jurisdiction over wetlands.

Facts

Michael and Chantell Sackett purchased land near Priest Lake, Idaho and began filling it with sand and gravel for a home. The EPA ordered them to stop, asserting the land was a federally regulated wetland under the CWA. After years of litigation, the Supreme Court addressed the scope of 'waters of the United States.'

Issue

Whether wetlands that are near but lack a continuous surface connection to regulated navigable waters constitute 'waters of the United States' subject to Clean Water Act jurisdiction.

Rule

Waters of the United States includes only those wetlands with a continuous surface connection to a navigable water -- a direct, unbroken link at the surface level -- under the narrowest plurality position from Rapanos v. United States, which the majority adopted as the controlling standard.

Analysis

Under the continuous surface connection standard, the Sacketts' Idaho land was not subject to federal jurisdiction because, despite its proximity to Priest Lake, it lacked a direct, unbroken surface connection to the navigable water. The EPA had asserted regulatory authority based on the land's wetland characteristics and hydrological proximity to the lake, but the Court's narrowed standard eliminated that jurisdictional hook. Only wetlands with surface-level connections qualify as regulated "waters of the United States." By adopting the most restrictive approach from Rapanos, the majority rejected the EPA's broader reading that would have covered the Sacketts' parcel based on its adjacent status and ecological relationship to the navigable water, thereby removing millions of acres nationwide from federal jurisdiction.

Conclusion

**Court ruled 5-4 for Sackett.** Alito wrote the majority. EPA and Army Corps lost jurisdiction over millions of acres of wetlands without direct surface connections to navigable waters. Kagan dissented for four justices.

Notes

OT2022. Added via SCOTUS bulk import 2026-05-14

Subscribe on Substack ↗

This tracker is maintained by BrynoDC and is free because readers fund it. Support