U.S. Supreme Court Limits Clean Water Act 

Last week, the U.S. Supreme Court ruled in Sackett v. EPA that a narrow test applies when determining what constitutes a wetland under the federal Clean Water Act. The new, more stringent test determines that a wetland falls under the definition of “waters of the United States” only if it blends or flows into a neighboring water that is a channel for interstate commerce. In addition, some adjacent wetlands will also fall under the act, but wetlands that are entirely separate from traditional bodies of water will not. This decision will be helpful to townships by providing clarity for which wetlands fall under the act and its permit requirements. Click here to read a summary of the decision.