Showalter Quoted on SCOTUS Rejection of “Significant Nexus” Test in Sackett v. EPA

Partner J. Michael Showalter was quoted on the US Supreme Court's ruling in Sackett v. EPA, highlighting the court’s recent rejection of the established “significant nexus” test, under which federal agencies could regulate wetlands that were ecologically connected to navigable waters.

“While the court unanimously agreed to reject the significant nexus test, there was sharp disagreement on what any new rule should look like,” Mike said. “Many wetlands that were previously regulated may now be outside the agency’s jurisdiction.”

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