In Sackett v. Environmental Protection Agency, the Supreme Court examines the scope the terms "waters" under the Clean Water Act. The EPA ordered the Sackets, who purchased property in Idaho, to restore the property after the family had backfilled it with dirt. The EPA claimed that putting dirt on their property violated the Clean Water Act, and threatened the family with $40,000 in penalties daily.
The Sacketts claimed that the Clean Water Act did not apply as "waters of the United states" refers only to permanent bodies of water, such as streams, rivers, lakes, and adjacent wetlands that have a continuous surface connection to those bodies of water. The EPA asked the Court for a broader interpretation of the statute. The Court ruled against the EPA, reasoning that there must be a clear connection between wetlands and traditionally navigable waters to obtain jurisdiction under the Clean Water Act. Read by guest host Jeff Barnum.
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