Between 1973 and 1980, the Environmental Protection Agency and the Army Corps of Engineers, both of which enforce the Clean Water Act, defined the water they protected as “all waters that could affect interstate commerce.” Since then, a lot has gone into defining and redefining exactly what these waters are. Enter the Supreme Court. Their recent decision in Sackett v. EPA means that a significant amount of wetlands are no longer federally protected. How will this affect EPA regulations? Alex Geisinger is a professor of law at the Thomas R. Kline School of Law at Drexel University. He explains the history of the CWA and what this decision means for both private property owners and public spaces.
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