Idaho couple appeal Army corps decision that defies Sackett v. EPA
July 16, 2025
Washington, DC; July 16, 2025: Last week, Rebecca and Caleb Linck filed an administrative appeal asking the U.S. Army Corp of Engineers to follow the test for federal wetlands regulation outlined in Sackett v. EPA (2023). Despite that ruling by the Supreme Court, the federal agency continues to assert regulatory authority over an acre of the Lincks’ small property in Idaho.
“The Corps is thumbing their nose at the rule of law by ignoring clear Supreme Court precedent and asserting authority over land that obviously does not meet the clear requirements for federal wetlands regulation,” said Charles Yates, an attorney at Pacific Legal Foundation. “The Clean Water Act does not give the federal government a blank check to regulate every puddle, swale, or ditch. We are asking the Corps to acknowledge the limits on its authority identified in Sackett II and comply with Supreme Court precedent and federal law.”
The Lincks’ property was declared a federally regulated wetland by the Corps. The Corps claims that parts of the Lincks’ property are somehow connected to an alleged wetland across a country road—despite the fact that the road is elevated above both pieces of land and contains no culverts through which water could pass—which then touches an unnamed small stream, which is then connected to a named stream, which is then connected to a traditional navigable water. It is only via this workaround that the Corps implausibly alleges that the Lincks’ dry, agriculturally zoned property is “part of” a navigable water, such that it can be regulated under the Clean Water Act.
This is not how the Sackett ruling works. Under Sackett, the Clean Water Act applies only to wetlands that are indistinguishable from, and have a continuous surface water connection to, true waters—criteria the Lincks’ land does not meet.
The Lincks are asking the Corps to reverse its decision and recognize the limits placed on federal authority by the Supreme Court and the Constitution.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.