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Sackett v. Environmental Protection Agency

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-454 9th Cir. TBD TBD TBD TBD TBD

Issue: Whether Rapanos v. United States — in which the Supreme Court held that the Clean Water Act does not regulate all wetlands, but without a majority opinion explaining why that is so — should be revisited to adopt the plurality’s test for wetlands jurisdiction under the Clean Water Act, in which only those wetlands that have a continuous surface water connection to regulated waters may themselves be regulated.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 22 2021Petition for a writ of certiorari filed. (Response due October 25, 2021)
Sep 28 2021Blanket Consent filed by Petitioner, Michael Sackett, et al.
Oct 15 2021Motion to extend the time to file a response from October 25, 2021 to November 24, 2021, submitted to The Clerk.
Oct 18 2021Motion to extend the time to file a response is granted and the time is extended to and including November 24, 2021.
Oct 20 2021Brief amicus curiae of Southeastern Legal Foundation filed.