Abstract
In 2023, the United States Supreme Court decided Sackett v. Environmental Protection Agency, which effectively restricted the United States Army Corps of Engineers’ (“USACE”) and the Environmental Protection Agency’s (EPA) ability to regulate development of wetlands. The State of Alaska submitted an amicus brief to the Court on behalf of the petitioners, the Sackett family. In the wake of the decision, Governor Dunleavy praised the decision by the Court, emphasizing that the decision provided the state more autonomy over its own wetlands. Still, there is concern by environmentalists that the State does not have the resources to protect the wetlands to the extent necessary without federal funding and support. Alaska encompasses more than half of America’s wetlands, so the challenge for the State’s environmental programs is substantial. This Note will explore the ramifications of Sackett and what it means for Alaska. Then, it will examine what Alaska must do to continue to protect its wetlands and survey its progress following the Sackett decision. Further, it will examine how federal regulations under the EPA will fare in a post-Chevron world. Finally, this Note will offer recommendations for best practices by the State to ensure Alaska protects its vital wetlands, as well as insight into how best to prepare for the inevitability of further litigation over these areas.
Citation
Johanna Crisman,
The Future of Alaska’s Wetlands in a Post-Sackett World,
41 Alaska Law Review
491-521
(2025)
Available at: https://scholarship.law.duke.edu/alr/vol41/iss2/7