SACKETT v. E.P.A.

No. 21-454.

143 S.Ct. 1322 (2023)

598 U.S. 651

Michael SACKETT, et ux., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, et al.

Supreme Court of United States.

Decided May 25, 2023.


Attorney(s) appearing for the Case

Damien M. Schiff , Sacramento, CA, for Petitioners.

Brian H. Fletcher , Washington, DC, for Respondents.

Anthony L. Franqois , Briscoe, Ivester & Bazel LLP, San Francisco, CA, Paige E. Gilliard , Pacific Legal Foundation, Arlington, VA, Damien M. Schiff , Counsel of Record, Charles T. Yates , Pacific Legal Foundation, Sacramento, CA, for Petitioners.

Brian H. Fletcher , Acting Solicitor General, Counsel of Record, Bruce S. Gelber , Deputy Assistant Attorney General, Jennifer Scheller Neumann , Brian C. Toth , Attorneys, Todd Kim , Assistant Attorney General, Malcolm L. Stewart , Deputy Solicitor General, Matthew Guarnieri , Assistant to the Solicitor General, Department of Justice, Washington, DC, Jeffrey Prieto , General Counsel, Dimple Chaudhary , Deputy General Counsel, Susannah Landes Weaver , Associate Deputy General Counsel, Steven Neugehoren , Caroline Wehling , Karyn I.O. Wendelowski , Simma Asher Kupchan , Attorneys, Environmental Protection Agency, Washington, DC, Carrie Ricci , General Counsel, Craig R. Schmauder , Acting Principal Deputy General Counsel, Zaheer Tajani , Attorney, Department of the Army, Washington, DC, for Respondents.


This case concerns a nagging question about the outer reaches of the Clean Water Act (CWA), the principal federal law regulating water pollution in the United States.1 By all accounts, the Act has been a great success. Before its enactment in 1972, many of the Nation...

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