Analyzing the Consequences of Sackett v. EPA

September 2023
ELR 10693
James McElfish, Jonathan H. Adler, Robin Craig, Rebecca Kihslinger, and Edward Ornstein

The U.S. Supreme Court’s May ruling in Sackett v. Environmental Protection Agency sharply limited the scope of the federal Clean Water Act’s (CWA’s) protection for the nation’s waters. The Court redefined the Act’s coverage of “waters of the United States” (WOTUS), effectively removing protection from many wetlands that have been covered under the Act for almost a half century. On June 8, 2023, the Environmental Law Institute hosted a panel of experts that analyzed the consequences of Sackett and discussed what actions can be taken to protect non-WOTUS waters. Below, we present a transcript of that discussion, which has been edited for style, clarity, and space considerations.

James McElfish (moderator) is a Senior Advisor for Research & Policy at the Environmental Law Institute. Jonathan H. Adler is the Johan Verheij Memorial Professor of Law and Director of the Coleman Burke Center for Environmental Law at Case Western Reserve University School of Law. Robin Craig is the Robert C. Packard Trustee Chair in Law at USC’s Gould School of Law. Rebecca Kihslinger is Director of the Wetlands Programs at the Environmental Law Institute. Edward Ornstein is Special Counsel on Environmental Affairs for the Miccosukee Tribe of Indians of Florida.

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Analyzing the Consequences of Sackett v. EPA

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