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Case 618 Cv 00032 GFVT DOC # 1 Filed 020118 Page 1 of 25 Page ID# 1 Form

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The Clean Water Act is a federal law intended to combat water pollution. But what waters does the act protect? In 2023, the United States Supreme Court navigated this question in Sackett versus Environmental Protection Agency. Michael and Chantell Sackett owned a vacant lot in Idaho that contained wetlands. In preparation for building a house, the Sacketts backfilled their land with dirt and rocks. The Environmental Protection Agency, or EPA, determined that the Sacketts’ wetlands were protected by the Clean Water Act and that the Sacketts’ backfilling violated the act. The EPA threatened the Sacketts with penalties exceeding $40,000 per day if they didn’t stop work and restore the wetlands. The Sacketts stopped their work and sued, arguing that the Clean Water Act didn’t apply to their landlocked wetlands. The EPA claimed that the act applied because the Sacketts’ wetlands had a significant nexus to protected waters. Specifically, 30 feet from the Sacketts’ property, a dit

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