What Is the Sackett v. EPA Ruling?
Sackett v. EPA (2023) is the Supreme Court test the Corps now uses for wetland jurisdiction: a relatively permanent water plus a continuous surface connection.
Sackett v. EPA (2023) is the Supreme Court test the Corps now uses for wetland jurisdiction: a relatively permanent water plus a continuous surface connection.
An isolated wetland can still be a wetland. Isolated describes the connection to a relatively permanent water, not the soil — and after Sackett that difference decides 404.
A jurisdictional determination is the Corps’ finding of whether a wetland or water is a water of the United States. It is not a permit, and it is not a delineation.