I have the honor of moderating an expert panel on the Supreme Court's decision in Sackett v. EPA next Wednesday, June 7, at 1 pm EDT. Joining me will be Damien Schiff who argued for the Sacketts in our nation's highest court, Professor Robin Craig of the University of Southern California Gould School of Law, and Brooks Smith of Troutman Pepper Hamilton Sanders.
Expect a lively and informative discussion in which your participation will be welcome.
The panel is co-sponsored by the American Law Institute, the American College of Environmental Lawyers, and the Foundation for Natural Resources and Energy Law.
Find out more at https://www.ali-cle.org/course/vcex0607.
The U.S. Supreme Court’s May 25 landmark decision in Sackett v. EPA ends over thirty years of volleying between the judicial and executive branches of the federal government over the jurisdictional reach of the Clean Water Act (CWA). In finding that the “significant nexus” test is not authorized by the CWA, and instead setting out a new, much narrower test, the effect of the Sackett decision on federal and state regulation of discharges to and modification of waters and wetland will be immediate and substantial. The decision also provides important insights into the Court’s view of the federal government’s role in environmental protection and the role of the courts in reviewing agency interpretations of statutes.