Supreme Court Narrows EPA's Wetlands Authority

The United States Supreme Court has narrowed the United States Environmental Protection Agency's authority to regulate wetlands under the Clean Water Act. Rejecting the 9th Circuit's application of the "significant nexus" concurrence from Rapanos v. United States, 547 U.S. 715 (2006), the Court held that the Clean Water Act "extends to only those 'wetlands with a continuous surface connection to bodies that are "waters of the United States" in their own right,' so that they are 'indistinguishable' from those waters."  

The opinion was delivered by Justice Alito and joined by Justices Roberts, Thomas, Gorsuch and Barrett. Justices Thomas, Kagan and Kavanaugh all filed concurring opinions.