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U.S. Supreme Court Declines to Expand the Reserved Water Right

On June 22, the U.S. Supreme Court issued a decision in Arizona v. Navajo Nation, No. 21-1484, holding that the Federal government is not responsible for taking affirmative steps to help the Navajo Nation secure access to...more

Supreme Court Narrows CWA Jurisdiction Over Waters of the U.S.

On May 25, the U.S. Supreme Court issued its long-awaited decision in Sackett v. EPA, No. 21-454, holding that Clean Water Act (CWA) jurisdiction extends to wetlands only if they have a continuous surface connection to...more

Fishers' Livelihood Concerns Could Bring SCOTUS Sea Change for Environmental Law

The Supreme Court has agreed to hear a group of New Jersey herring fishers’ challenge to a long-standing key administrative law doctrine—the “Chevron doctrine.” It could be the next term’s most consequential case. The Chevron...more

A More Conservative SCOTUS Slated to Hear Remand Question in Baltimore Climate Suit

With the confirmation of Justice Amy Coney Barrett on October 26, the Supreme Court that will review a Fourth Circuit decision affirming the remand of Baltimore City’s ongoing climate suit is significantly more conservative...more

11/12/2020  /  Climate Change , Energy Sector , Remand , SCOTUS

With This Tie, There Is a Winner: 4-4 SCOTUS Ruling Results in Victory for Native Americans and a Clear Mandate for Washington to...

In most instances, a tie means there is no winner and no loser. Not so with the U.S. Supreme Court’s 4-4 tie in the “Culverts Case” (one branch of the sprawling U.S. v. Washington case) on June 11, 2018. Instead, by...more

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