The Court articulated a new jurisdictional test for adjacent wetlands that extends Clean Water Act jurisdiction to only those wetlands that are as a practical matter indistinguishable from waters of the United States. The Court’s decision holds that the significant nexus test, used by EPA and the Corps to determine the scope of federal Clean Water Act jurisdiction since the Rapanos decision, is no longer valid. EPA that reinterprets the scope of federal jurisdiction under the Clean Water Act. On May 25, 2023, the Supreme Court issued a decision in Sackett v. In Colorado (and 47 other states), the Army issues 404 permits to protect waters of the United States from dredge and fill activities. "Waters of the United States" refers to bodies of water such as rivers, lakes, and streams that the federal government protects. The Clean Water Act gives the EPA and the United States Army Corps of Engineers the authority to define "waters of the United States" in regulations.
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