The U.S. Supreme Court’s recent decision in Sackett v. Environmental Protection Agency continues its trend of limiting executive agencies, such as EPA, from expanding their authority when faced with statutory ambiguity — ambiguity such agencies have used to extend their reach to places and activities over which Congress has not given them express jurisdiction.
Sackett addresses the Clean Water Act’s (“CWA”) vague definition of “waters of the United States,” and the EPA’s use of that ambiguity to extend its regulatory reach. While the term “navigable …
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