Utah Landowners Get Reprieve in Wetlands Challenge After Sackett

Aug. 30, 2023, 5:24 PM UTC

A Utah landowner’s case was deemed moot by a federal judge after the Army Corps of Engineers reversed its determination that land on the private property fell under federal wetlands jurisdiction.

The agency’s reclassification stemmed from a need to align its jurisdictional determinations with the recent US Supreme Court decision, Sackett v. EPAwhich stripped the federal government’s role in protecting many wetlands nationwide.

Merlin Scott Phillips and Vickie Phillips sued the Army Corps in 2021 after it classified an area on their Payson, Utah property as wetlands, claiming that the agency didn’t use any supporting evidence and didn’t ...

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