• Mark Ryan

The Sackett Report

Yesterday, I wrote about the Acquest Transit case, which is a wetlands case that has been around forever, and is set to go to trial in September. Rivaling it is the Sackett case, which, like the Energizer Bunny, just keeps on going and going. (For more on Sackett, use the search function above to look for "Sackett" and you'll see my many prior blogposts on this case.)

Today, the Ninth Circuit asked, in the brief attached order, for the parties to address the impact of the 2020 WOTUS rule on the case, if they ever get past the mootness issue. As noted in yesterday's blogpost, EPA is now taking the position that the 2020 WOTUS rule is prospective only, and the courts seem to be buying that argument. Stay tuned.

Sackett order 3.8.21
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