Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End Long-Standing WOTUS Dispute
The Energy Law
JANUARY 2, 2024
Army Corp of Engineers (“USACE”) and a Louisiana landowner over the agency’s Clean Water Act (“CWA”) jurisdiction over the subject property. Court of Appeals for the Fifth Circuit applied the U.S. Supreme Court’s Sackett v. EPA decision redefining waters of the United States (“WOTUS”) to end a ten-year conflict between the U.S. In Lewis v.
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