Shareholder Steven Miano spoke with Bloomberg Law about the impact of ongoing litigation in the wake of Sackett v. EPA, a 2023 U.S. Supreme Court ruling which curtailed federal protections for wetlands under the Clean Water Act. The high court’s decision has fueled a series of major federal court challenges, including three lawsuits from 27 states challenging a Biden Administration rule that defined protected wetlands as waters of the United States.
In the article, Steve noted that Sackett has significantly limited federal jurisdiction over wetlands and said the ruling’s ultimate impact remains to be seen.
“That, I think in the minds of a lot of people I’ve spoken to, is really a fundamental difference in the way you think about wetlands and the values of wetlands,” Steve said. “It depends on which estimate you believe, but you know 50 to 80 percent of what used to be covered is no longer covered under the Clean Water Act at the federal level.”
