Sackett v. Environmental Protection Agency

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

Supreme Court curtails Clean Water Act (Amy Howe, May 25, 2023)
Navigating the waters of the new term (Mark Walsh, October 4, 2022)
Justices ponder Clean Water Acts application to wetlands in Jacksons first oral argument (Amy Howe, October 3, 2022)
EPAs authority over wetlands is at stake as justices wade back into regulatory morass (Amy Howe, September 29, 2022)
Cases on Clean Water Act and Voting Rights Act will headline October oral arguments (Amy Howe, June 14, 2022)
Justices take up cases on power of district courts and regulation of wetlands (Amy Howe, January 24, 2022)
Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more (John Elwood, January 20, 2022)
Blockbuster watch: Affirmative action, same-sex weddings, and other big relists (John Elwood, January 12, 2022)
Blocked beachgoers and bankruptcy bills (Andrew Hamm, October 15, 2021)

Date	Proceedings and Orders (key to color coding)
09/22/2021	Petition for a writ of certiorari filed. (Response due October 25, 2021)
09/28/2021	Blanket Consent filed by Petitioner, Michael Sackett, et al.
10/15/2021	Motion to extend the time to file a response from October 25, 2021 to November 24, 2021, submitted to The Clerk.
10/18/2021	Motion to extend the time to file a response is granted and the time is extended to and including November 24, 2021.
10/20/2021	Brief amicus curiae of Southeastern Legal Foundation filed.
10/25/2021	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
10/25/2021	Brief amici curiae of State of West Virginia, et al. filed.
10/25/2021	Brief amicus curiae of New England Legal Foundation filed.
10/25/2021	Brief amici curiae of the Cato Institute, et al. filed.
10/25/2021	Brief amicus curiae of National Association of Home Builders filed.
11/24/2021	Brief of respondents U.S. Environmental Protection Agency, et al. in opposition filed.
11/29/2021	Waiver of the 14-day waiting period under Rule 15.5 filed.
11/30/2021	Reply of petitioners Michael Sackett, et al. filed. (Distributed)
12/01/2021	DISTRIBUTED for Conference of 1/7/2022.
01/10/2022	DISTRIBUTED for Conference of 1/14/2022.
01/18/2022	DISTRIBUTED for Conference of 1/21/2022.
01/24/2022	Petition 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).
01/28/2022	Joint motion for an extension of time to file the briefs on the merits filed.
02/04/2022	Joint 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.
02/10/2022	Blanket Consent filed by Respondents, U.S. Environmental Protection Agency, et al.
04/11/2022	Brief of petitioners Michael Sackett, et al. filed.
04/11/2022	Joint appendix filed. (Statement of costs filed)
04/13/2022	Brief amici curiae of National Stone, Sand and Gravel Association, et al. filed.
04/13/2022	Brief amicus curiae of Southeastern Legal Foundation filed.
04/14/2022	Brief amici curiae of Congressional Western Caucus Members filed.
04/14/2022	Brief amicus curiae of Liberty Justice Center filed.
04/14/2022	Brief amici curiae of Atlantic Legal Foundation, et al. filed.
04/14/2022	Brief amicus curiae of Americans for Prosperity Foundation filed.
04/15/2022	Brief amici curiae of Forestry Organizations filed.
04/15/2022	Brief amici curiae of Fourteen National Agricultural Organizations filed.
04/18/2022	Brief amici curiae of Associated Industries of Florida and Florida H2O Coalition filed.
04/18/2022	Brief amicus curiae of National Association of Home Builders filed.
04/18/2022	Brief amicus curiae of Chamber of Commerce of the United States filed.
04/18/2022	Brief amici curiae of Wyoming Stock Growers Association, et al. filed.
04/18/2022	Brief amici curiae of Savannah Economic Development Authority, et al. filed.
04/18/2022	Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
04/18/2022	Amicus brief of Farm Bureaus of Arkansas, et al. not accepted for filing. (Corrected version to be submitted-- April 20, 2022.)
04/18/2022	Brief amici curiae of Farm Bureaus of Arkansas, et al. filed (4/21/22.)
04/18/2022	Brief amici curiae of The National Association of Counties, et al. filed.
04/18/2022	Brief amicus curiae of Duarte Nursery, Inc. filed.
04/18/2022	Brief amici curiae of American Exploration and Mining Association, et al. filed.
04/18/2022	Brief amicus curiae of Western Urban Water Coalition in support of neither party filed.
04/18/2022	Brief amici curiae of Sen. Shelley Moore Capito, et al. filed.
04/18/2022	Brief amici curiae of American Petroleum Institute, et al. filed.
04/18/2022	Brief amici curiae of State of West Virginia and 25 Other States filed.
04/18/2022	Brief amici curiae of Cato Institute, et al. filed.
04/18/2022	Brief amicus curiae of Property and Environment Research Center filed.
04/18/2022	Brief amicus curiae of Association of American Railroads filed.
04/18/2022	Brief amicus curiae of Freeport-McMoRan Inc. filed.
04/18/2022	Brief amicus curiae of State of Alaska filed.
04/18/2022	Brief amicus curiae of National Cattlemen's Beef Association filed.
06/10/2022	Brief of respondents U.S. Environmental Protection Agency, et al. filed.
06/14/2022	ARGUMENT SET FOR Monday, October 3, 2022.
06/16/2022	Brief amicus curiae of Scientific Societies filed.
06/16/2022	Brief amici curiae of Waterkeeper Alliance, et al. filed.
06/17/2022	Brief amicus curiae of Constitutional Accountability Center filed.
06/17/2022	Brief amici curiae of American Sustainable Business Network, et al. filed.
06/17/2022	Brief amici curiae of Water Resource Management Organizations filed.
06/17/2022	Brief amici curiae of Environmental and Community Organizations filed.
06/17/2022	Brief amici curiae of Former EPA Administrators William K. Reilly, et al. filed.
06/17/2022	Brief amicus curiae of Colorado filed.
06/17/2022	Brief amici curiae of New York, et al. filed.
06/17/2022	Brief amici curiae of Menominee Indian Tribe of Wisconsin, et al. filed.
06/17/2022	Brief amicus curiae of National Association of Clean Water Agencies filed.
06/17/2022	Brief amicus curiae of Idaho Conservation League filed.
06/17/2022	Brief amici curiae of Outdoor Recreation and Conservation Organizations filed.
06/17/2022	Brief amicus curiae of Public Citizen filed.
06/17/2022	Brief amici curiae of 167 U.S. Members of Congress filed.
06/22/2022	Record requested from the 9th Circuit.
06/23/2022	The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
07/08/2022	Reply of petitioners Michael Sackett, et al. filed.
07/21/2022	CIRCULATED
10/03/2022	Argued. For petitioners: Damien M. Schiff, Sacramento, Cal. For respondents: Brian H. Fletcher, Acting Solicitor General, Department of Justice, Washington, D. C.
12/30/2022	Letter 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)
01/09/2023	Letter of petitioners in response to the December 30, 2022 letter of the Solicitor General filed. (Distributed)
03/21/2023	Letter 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)
04/13/2023	Letter 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)
05/11/2023	Letter 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)
05/25/2023	Judgment 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.
06/26/2023	Judgment issued.