ELR Citation: 55 ELR 20100
No(s). 24-10710 (11th Cir. Jul 29, 2025)

The Eleventh Circuit affirmed dismissal of a CWA citizen suit brought against a hotel owner for filling a nearby wetland. Environmental groups argued the hotel violated the CWA by failing to comply with Nationwide Permit 39 and failing to comply with Georgia's water quality certification. The hotel moved to dismiss on the ground that the wetland did not satisfy the test for "waters of the United States" under Sackett v. Environmental Protection Agency, 143 S. Ct. 1322, 53 ELR 20083 (2023). A district court granted the motion, finding the groups failed to allege facts that would establish that the wetland was a water of the United States under Sackett. The appellate court found the groups failed to allege sufficient facts to support a conclusion that the wetland had a continuous surface connection to a water of the United States, and affirmed dismissal.