SCOTUS’s DECISION IN SACKETT V. EPA ENDS “SIGNIFICANT NEXUS” TEST
Acoel
JUNE 6, 2023
While the justices were not all in agreement with the new test set forth in the majority decision in Sackett , none supported the “significant nexus” test suggested by Kennedy in Rapanos as being authorized by the Clean Water Act (CWA), and all concurred in the judgment. 159 (2001). United States , 547 U.
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