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Supreme Court of the United States Sackett v EPA

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Federal Court Addresses Jurisdictional Issue

The United States District Court for the Eastern District of Virginia (“Court”) addressed in an August 15th Opinion a Clean Water Act jurisdictional question. See United States v. Chameleon, LLC, No. 3:23-CV-763–HEH, 2024 WL...more

Mintz

Justice Kagan, if "some people like less prescriptive standards" why haven't any members of the regulated community said so in San...

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Today the United States Supreme Court heard from lawyers representing the City and County of San Francisco and lawyers for the United States Environmental Protection Agency on the question of whether a “narrative standard”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States Implementation Post-Sackett Decision/Experiences and Perspectives: U.S. House of Representatives...

The Subcommittee on Water Resources and Environment of the United States House of Representatives Transportation and Infrastructure Committee held a September 11th hearing titled: Waters of the United States Implementation...more

Brownstein Hyatt Farber Schreck

California’s ‘New’ Construction Stormwater General Permit—Time To Engage?

On Aug. 28–29, 2024, approximately 50 people gathered at the University of California San Diego Extension to learn about the California State Water Resources Control Board’s (State Water Board) reissuance of the Construction...more

Farella Braun + Martel LLP

The Supreme Court's Recent Clean Water Act Decision Forces Local Jurisdictions to Tackle Wetlands Issues

As someone who grew up in Southwest Colorado, Ayden Crosby's great reporting on Silverton's efforts to grapple with wetlands issues after Sackett v. EPA hits close to home and highlights the impacts on local communities who...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

ArentFox Schiff

Can a ‘Tsunami’ Wash Away a Sea Change? Recent Supreme Court Administrative Decisions and Environmental Regulation

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Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more

Foley Hoag LLP - Environmental Law

After Jarkesy, What Happens to EPA's Authority to Collect Administrative Civil Penalties?

Yesterday, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by the SEC were entitled to have the SEC’s claims for civil penalties decided by a jury. The question now is how...more

Mintz

EPA and the Corps have won one in North Carolina but their most recent Waters of the United States rule isn't nearly out of the...

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Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an injunction against EPA's and the Corps of Engineers' most recent Waters of the United...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Army Corps of Engineers (Vicksburg District)/Special Public Notice: Programmatic Emphasis on Department of the Army Permit...

The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more

Mintz

A Louisiana Judge may strike down another EPA Clean Water Act regulation and the Supreme Court would likely see it the same way.

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Several “red” states and three energy industry NGOs have filed a motion for summary judgment in their Louisiana Federal Court challenge to EPA's 2023 rule regarding the state water quality certifications required under...more

Mintz

Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to...

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As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years.  Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more

Mintz

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

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EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

Mintz

EPA's heart may be in the right place but it is cruisin' for a bruisin' in San Francisco

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This week our nation's highest court was scheduled to discuss whether to hear the City and County of San Francisco's appeal of a split Ninth Circuit decision upholding an EPA NPDES permit issued to the City and County...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Earthjustice Projects Impact of Sackett v. EPA on a State-by-State Basis

The environmental organization Earthjustice has developed charts that provide the organization’s views on the impact of the United States Supreme Court decision Sackett v. EPA on the scope of the Clean Water Act term waters...more

Mintz

EPA may avoid a nationwide injunction against its most recent WOTUS rule, but the rule is still in hot water.

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Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coordination Process Update: U.S. Army Corps of Engineers/Environmental Protection Agency Joint Coordination Memoranda Addressing...

The United States Army Corps of Engineers (“Corps”) and United States Environmental Protection Agency (“EPA”) issued on April 25th document titled: Coordination Process Update: Joint Coordination Memoranda to the Field...more

Mintz

EPA & the Army Corps of Engineers have less ability to protect wetlands than they've had in 40 years but Florida still isn't...

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We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and the Army Corps of Engineers for the past 40 years, the Clean Water Act protects only...more

Mintz

Tony Bennett may have left his heart in San Francisco but the City's appeal of its NPDES permit is on its way to the United States...

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Juan-Carlos Rodriguez is reporting on DOJ's and EPA's brief arguing that the Supreme Court should leave alone a split Ninth Circuit decision upholding a NPDES permit condition prohibiting the permittee, the City and County of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: U.S. Army Corps of Engineers Memorandum Providing Post-Sackett Guidance

The Office of Assistant Secretary Civil Works of the U.S. Army Corps of Engineers (“Corps”) issued a March 22nd Memorandum titled: Civil Works Actions to Sustain and Advance the Nation’s Waters and Wetlands After the...more

Holland & Knight LLP

Army Corps of Engineers Announces Post-Sackett Wetlands Protection Plans

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The U.S. Army Corps of Engineers (ACE) on March 22, 2024, announced its plans for enhancing the protection of the country's wetlands following the U.S. Supreme Court's Sackett v. EPA decision. In Sackett, the Supreme Court...more

Mintz

The Sacketts' lawyers have a new client and it seems like a visit to the Supreme Court is in their future!

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Last August, when EPA and the Army Corps of Engineers published their tenth attempt to determine the jurisdictional reach of the Clean Water Act, the Agencies said that regulation involved no exercise of discretion because it...more

Keating Muething & Klekamp PLL

Predictions for 2024 on Federal Wetland Jurisdiction after Sackett and Regulation Amendments

Following the U.S. Supreme Court’s decision in the Sackett case in May of 2023, the U.S. EPA (“EPA”) and the U.S. Army Corps (“Army Corps”) have amended federal regulations to conform to Sackett and the Army Corps has resumed...more

Mintz

The City and County of San Francisco are about to deliver EPA & the Ninth Circuit their 3rd consecutive Clean Water Act defeat in...

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The United States Supreme Court isn't done with the Clean Water Act and EPA's interpretation of it. This month the City and County of San Francisco asked the nation's highest court to overturn a split Ninth Circuit Court of...more

Pillsbury Winthrop Shaw Pittman LLP

Confronting Regulatory Fluidity in the Post-Maui and Post-Sackett World of Water Regulation

Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world. The application of Maui and Sackett in recent months confirms the...more

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