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Sackett v. Environmental Protection Agency

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Docket No. Op. Below Argument Opinion Vote Author Term
21-454 9th Cir. Oct 3, 2022
 May 25, 2023 9-0 Alito OT 2022

Holding: The Clean Water Act extends only to wetlands that have a continuous surface connection with “waters” of the United States — i.e., with a relatively permanent body of water connected to traditional interstate navigable waters, 33 U.S.C. § 1362(7) — making it difficult to determine where the water ends and the wetland begins.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on May 25, 2023. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Kagan filed an opinion concurring in the judgment, in which Justices Sotomayor and Jackson joined. Justice Kavanaugh filed an opinion concurring in the judgment, in which Justices Sotomayor, Kagan, and Jackson joined.

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.
Oct 25 2021Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Oct 25 2021Brief amici curiae of State of West Virginia, et al. filed.
Oct 25 2021Brief amicus curiae of New England Legal Foundation filed.
Oct 25 2021Brief amici curiae of the Cato Institute, et al. filed.
Oct 25 2021Brief amicus curiae of National Association of Home Builders filed.
Nov 24 2021Brief of respondents U.S. Environmental Protection Agency, et al. in opposition filed.
Nov 29 2021Waiver of the 14-day waiting period under Rule 15.5 filed.
Nov 30 2021Reply of petitioners Michael Sackett, et al. filed. (Distributed)
Dec 01 2021DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
Jan 24 2022Petition GRANTED limited to the following question: Whether the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act, 33 U. S. C. §1362(7).
Jan 28 2022Joint motion for an extension of time to file the briefs on the merits filed.
Feb 04 2022Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including April 11, 2022. The time to file respondents' brief on the merits is extended to and including June 10, 2022.
Feb 10 2022Blanket Consent filed by Respondents, U.S. Environmental Protection Agency, et al.
Apr 11 2022Brief of petitioners Michael Sackett, et al. filed.
Apr 11 2022Joint appendix filed. (Statement of costs filed)
Apr 13 2022Brief amici curiae of National Stone, Sand and Gravel Association, et al. filed.
Apr 13 2022Brief amicus curiae of Southeastern Legal Foundation filed.
Apr 14 2022Brief amici curiae of Congressional Western Caucus Members filed.
Apr 14 2022Brief amicus curiae of Liberty Justice Center filed.
Apr 14 2022Brief amici curiae of Atlantic Legal Foundation, et al. filed.
Apr 14 2022Brief amicus curiae of Americans for Prosperity Foundation filed.
Apr 15 2022Brief amici curiae of Forestry Organizations filed.
Apr 15 2022Brief amici curiae of Fourteen National Agricultural Organizations filed.
Apr 18 2022Brief amici curiae of Associated Industries of Florida and Florida H2O Coalition filed.
Apr 18 2022Brief amicus curiae of National Association of Home Builders filed.
Apr 18 2022Brief amicus curiae of Chamber of Commerce of the United States filed.
Apr 18 2022Brief amici curiae of Wyoming Stock Growers Association, et al. filed.
Apr 18 2022Brief amici curiae of Savannah Economic Development Authority, et al. filed.
Apr 18 2022Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Apr 18 2022Amicus brief of Farm Bureaus of Arkansas, et al. not accepted for filing. (Corrected version to be submitted-- April 20, 2022.)
Apr 18 2022Brief amici curiae of Farm Bureaus of Arkansas, et al. filed (4/21/22.)
Apr 18 2022Brief amici curiae of The National Association of Counties, et al. filed.
Apr 18 2022Brief amicus curiae of Duarte Nursery, Inc. filed.
Apr 18 2022Brief amici curiae of American Exploration and Mining Association, et al. filed.
Apr 18 2022Brief amicus curiae of Western Urban Water Coalition in support of neither party filed.
Apr 18 2022Brief amici curiae of Sen. Shelley Moore Capito, et al. filed.
Apr 18 2022Brief amici curiae of American Petroleum Institute, et al. filed.
Apr 18 2022Brief amici curiae of State of West Virginia and 25 Other States filed.
Apr 18 2022Brief amici curiae of Cato Institute, et al. filed.
Apr 18 2022Brief amicus curiae of Property and Environment Research Center filed.
Apr 18 2022Brief amicus curiae of Association of American Railroads filed.
Apr 18 2022Brief amicus curiae of Freeport-McMoRan Inc. filed.
Apr 18 2022Brief amicus curiae of State of Alaska filed.
Apr 18 2022Brief amicus curiae of National Cattlemen's Beef Association filed.
Jun 10 2022Brief of respondents U.S. Environmental Protection Agency, et al. filed.
Jun 14 2022ARGUMENT SET FOR Monday, October 3, 2022.
Jun 16 2022Brief amicus curiae of Scientific Societies filed.
Jun 16 2022Brief amici curiae of Waterkeeper Alliance, et al. filed.
Jun 17 2022Brief amicus curiae of Constitutional Accountability Center filed.
Jun 17 2022Brief amici curiae of American Sustainable Business Network, et al. filed.
Jun 17 2022Brief amici curiae of Water Resource Management Organizations filed.
Jun 17 2022Brief amici curiae of Environmental and Community Organizations filed.
Jun 17 2022Brief amici curiae of Former EPA Administrators William K. Reilly, et al. filed.
Jun 17 2022Brief amicus curiae of Colorado filed.
Jun 17 2022Brief amici curiae of New York, et al. filed.
Jun 17 2022Brief amici curiae of Menominee Indian Tribe of Wisconsin, et al. filed.
Jun 17 2022Brief amicus curiae of National Association of Clean Water Agencies filed.
Jun 17 2022Brief amicus curiae of Idaho Conservation League filed.
Jun 17 2022Brief amici curiae of Outdoor Recreation and Conservation Organizations filed.
Jun 17 2022Brief amicus curiae of Public Citizen filed.
Jun 17 2022Brief amici curiae of 167 U.S. Members of Congress filed.
Jun 22 2022Record requested from the 9th Circuit.
Jun 23 2022The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Jul 08 2022Reply of petitioners Michael Sackett, et al. filed.
Jul 21 2022CIRCULATED
Oct 03 2022Argued. For petitioners: Damien M. Schiff, Sacramento, Cal. For respondents: Brian H. Fletcher, Acting Solicitor General, Department of Justice, Washington, D. C.
Dec 30 2022Letter from respondents notifying the Court of the joint final rule agreed on between the EPA and the Dept. of the Army regarding "waters of the United States" under the Clean Water Act. (Distributed)
Jan 09 2023Letter of petitioners in response to the December 30, 2022 letter of the Solicitor General filed. (Distributed)
Mar 21 2023Letter bringing the Court's attention to memorandum opinion and order granting preliminary injunction, Texas v. EPA, No. 3:23-cv-00017 (S.D. Tex. March 19, 2023) filed. (Distributed)
Apr 13 2023Letter bringing the Court's attention to the order granting preliminary injunction in W. Va. v. EPA, 3:23-cv-00032-DLH-ARS (D.N.D. April 12, 2023) filed. (Distributed)
May 11 2023Letter bringing the Court's attention to order granting preliminary injunction in Kentucky v. EPA, Nos. 23-5343/5345 (6th Cir. May 10, 2023) filed. (Distributed)
May 25 2023Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Kagan, J., filed an opinion concurring in the judgment, in which Sotomayor and Jackson, JJ., joined. Kavanaugh, J., filed an opinion concurring in the judgment, in which Sotomayor, Kagan, and Jackson, JJ., joined.
Jun 26 2023Judgment issued.