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Wrangling Continues over Revised WOTUS Conforming Rule Issued in Response to Sackett v. EPA

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

U.S. Supreme Court Issues Ruling in Sackett v. EPA Overruling EPA’s “Waters of the United States” Rule

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

“Waters of the United States” Rule To Be Tested by Pending U.S. Supreme Court Ruling in Sackett v. EPA

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

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