Sackett v. Environmental Protection Agency (2023)

Sackett v. Environmental Protection Agency
Supreme Court of the United States
Argued October 3, 2022 Decided May 25, 2023
Full case name	Michael Sackett, et ux. v. Environmental Protection Agency, et al.
Docket no.	21-454
Citations	598 U.S. 651 (more)
Argument	Oral argument
Opinion announcement	Opinion announcement
Questions presented
Whether the United States Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act, 33 U.S.C. § 1362(7).
Holding
Only wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters" are covered by the Clean Water Act.
Court membership
Chief Justice John Roberts Associate Justices Clarence Thomas · Samuel Alito Sonia Sotomayor · Elena Kagan Neil Gorsuch · Brett Kavanaugh Amy Coney Barrett · Ketanji Brown Jackson
Case opinions
Majority	Alito, joined by Roberts, Thomas, Gorsuch, Barrett
Concurrence	Thomas, joined by Gorsuch
Concurrence	Kagan (in judgment), joined by Sotomayor, Jackson
Concurrence	Kavanaugh (in judgment), joined by Sotomayor, Kagan, Jackson
Laws applied
Clean Water Act

Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), also known as Sackett II (to distinguish it from the 2012 case), was a United States Supreme Court case related to the scope of the Clean Water Act.