Milbank LLP partner and head of the firm’s Environmental Practice Area, Matthew Ahrens, along with Environmental special counsel Thomas D. Goslin and Environmental associate Allison Sloto, have authored “Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits,” which was published in Law360.
The article discusses the recent US Supreme Court decision in Sackett v. U.S. Environmental Protection Agency, in which the US Supreme Court attempted to establish a standard for when a wetland constitutes "waters of the United States," or WOTUS. The Biden administration, the article notes, plans to amend a rule defining WOTUS that the agencies had finalized in January 2023. The amendment process aims to reconcile the regulatory definition of WOTUS with the definition codified by the Supreme Court.
