North Carolina Landowner Aims Wetlands Lawsuit at Supreme Court

The meaning of “indistinguishable” and what that says about one man’s North Carolina waterfront property is the focus of litigation that his attorneys are positioning as the next Supreme Court showdown over Clean Water Act wetlands regulation.

Some of the key questions are whether part of Robert D. White’s forested land near the shore of the Pasquotank River is indistinguishable from the river itself, and whether the Biden administration is ignoring the high court’s decision in Sackett with an Environmental Protection Agency regulation conforming its expansive definition of federally-protected waters to the ruling.

Sackett v. EPA drastically cut Clean ...