Supreme Court of the United States · Official docket →
Jeffrey Andrews v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 24-1479 · judgment March 19, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Petitioner Jeffrey Andrews resides on his family farm in Connecticut. His farm contains a short reach of an unnamed tributary to the Farm River, but no portion of the farm has a continuous surface water connection to that tributary or to the Farm River. In 2020, the United States—acting on behalf of the Environmental Protection Agency—brought an enforcement action alleging that Mr. Andrews’ earthmoving projects to improve his farm disturbed wetlands that qualify as “navigable waters” under the Clean Water Act. In Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), this Court held that EPA may only regulate those wetlands that are “as a practical matter indistinguishable” from covered waters. The Second Circuit nevertheless upheld EPA’s authority over Mr. Andrews’ farm by omitting Sackett’s indistinguishability requirement, and by holding that, even after Sackett, EPA may regulate wetlands lacking a continuous surface water connection to covered waters. The question presented is: Was the Second Circuit correct to uphold Clean Water Act authority over wetlands that are not “as a practical matter indistinguishable” from covered waters?
Counsel of record
For petitioner
Charles Timothy Yates
Pacific Legal Foundation
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jun 01 2026Petition DENIED.
- May 12 2026DISTRIBUTED for Conference of 5/28/2026.
- May 05 2026Reply of petitioner Jeffrey Andrews filed.
- Apr 24 2026Brief of respondent United States in opposition filed.
- Mar 19 2026Motion to extend the time to file a response is granted and the time is further extended to and including April 24, 2026.
- Mar 17 2026Motion to extend the time to file a response from March 25, 2026 to April 24, 2026, submitted to The Clerk.
- Feb 23 2026Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2026.
- Feb 20 2026Motion to extend the time to file a response from February 23, 2026 to March 25, 2026, submitted to The Clerk.
- Jan 22 2026Response Requested. (Due February 23, 2026)
- Jan 14 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 08 2026Brief amici curiae of West Virginia, et al. filed.
- Dec 19 2025Waiver of right of respondent United States of America, et al. to respond filed.
- Nov 20 2025Petition for a writ of certiorari filed. (Response due January 8, 2026)
- Sep 24 2025Application (25A337) granted by Justice Sotomayor extending the time to file until November 21, 2025.
- Sep 22 2025Application (25A337) to extend the time to file a petition for a writ of certiorari from October 22, 2025 to November 21, 2025, submitted to Justice Sotomayor.