Manatt Land Use Partner David Smith spoke with Bloomberg Law about a case being considered by the U.S. Supreme Court that could affect how federally protected waters are shielded by the Clean Water Act.
During oral arguments, Justices focused much questioning on the nexus test, which was outlined in a 2006 ruling to clarify what “adjacent” waters meant in the Clean Waters Act. A question from Justice Sonya Sotomayor, Smith said, indicates the “significant nexus test is likely gone.”
However, Smith continued, the seemingly imminent end of the nexus test doesn’t necessarily mean the case is lost. Some conservative justices could be persuaded to accept the idea that some waters or wetlands separated by human-built obstacles could still be federally protected.
For more information on the case, read Smith’s newsletter here.
Read the full Bloomberg Law article here.