Two Idaho property owners can proceed in their challenge to a Washington, D.C., appeals court’s holding that their land contains wetlands subject to protection under federal water law, the U.S. Supreme Court said Monday.
The Justices granted the petition filed by Michael and Chantell Sackett seeking review of the scope of the Clean Water Act’s protections. However, the case will be limited to whether the Ninth Circuit set the proper test for deciding whether wetlands are “waters of the United States” under the act, the Supreme Court said.
The U.S. Environmental Protection Agency had found the Sackett’s property near Priest ...