Wetlands Dispute Continues in Idaho as Federal Agencies Face Allegations of Noncompliance

A new legal battle over wetlands regulations is emerging in Idaho, less than 50 miles from the property at the center of the landmark Sackett v. EPA Supreme Court ruling. The Pacific Legal Foundation, which represented the plaintiffs in the Sackett case, is now backing a couple in a similar dispute involving wetlands on their 4.7-acre property in Bonner County.
In the 2023 Sackett decision, the Supreme Court ruled that only wetlands with a "continuous surface connection" to navigable waters are protected under the Clean Water Act. The court found that the Bonner County property in question did not meet this criteria. However, the Army Corps of Engineers is now asserting federal jurisdiction over another Bonner County property with "striking similarities" to the Sackett case, according to the plaintiffs.
The property owners argue that the Army Corps is using the same flawed logic rejected in Sackett, claiming a subsurface connection to navigable waters despite the wetlands being separated by a road. Pacific Legal Foundation attorney Charles Yates described the new case as "materially identical" to Sackett and criticized the federal agencies for failing to comply with the court's ruling.
The Army Corps maintains that the property contains wetlands part of a larger "wetland complex" adjacent to a tributary, and thus falls under federal jurisdiction. The case highlights ongoing disputes over the scope of the Clean Water Act and its protections for wetlands, which play a critical role in water quality and flood mitigation.
The outcome of this case could have broader implications for wetlands regulation as the Trump administration prepares to propose new rules narrowing the Clean Water Act's scope later this year.

Published: 7/21/2025