On April 18, 2022, WLF urged the Supreme Court not to defer to federal agencies when undertaking the core function of the judiciary—interpreting the law. The case asks the Court to revisit its 2006 decision in Rapanos v. United States, which held that the Clean Water Act (CWA) does not regulate all wetlands but failed to muster a majority opinion for the proper jurisdictional test. In its amicus brief supporting the Sacketts, WLF explains that the task of divining congressional intent from statutory text belongs to the Court, not to federal agencies. This is especially true for “major questions” of economic and social significance, such as the jurisdictional reach of the CWA. Only the Supreme Court can provide a stable, workable definition of “waters of the United States” that honors the statutory text and Supreme Court precedent. WLF joined the Cato Institute, Associated General Contractors of America, Mountain States Legal Foundation, and NFIB Small Business Legal Center on the amicus brief.


Amicus brief