On September 8, U.S. EPA and the Army Corps of Engineers published a final conforming rule amending the definition of “waters of the United States” in response to the U.S. Supreme Court’s recent Sackett decision....more
On May 25, the Court issued a ruling adopting late Justice Scalia’s “continuous surface connection” test for determining jurisdictional waters under the Clean Water Act.
The Court’s ruling in Sackett is a decisive shift...more
5/30/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On April 12, a federal judge in North Dakota blocked implementation of the Biden Administration’s “Waters of the United States” Rule in 24 states.
As we mentioned in last month’s client update, the Biden Administration’s...more
On January 18, U.S. EPA and the Army Corps of Engineers issued a final WOTUS rule that will overlap with a forthcoming U.S. Supreme Court ruling that will define jurisdictional waters under the Clean Water Act....more