The U.S. Supreme Court's October 2022 term began with a bang: a new Justice on the bench, the public back in the courtroom for the first time since the pandemic - and two hours of argument about the scope of federal...more
When Boechler v. Commissioner was argued, I wrote about how the statute in the case presented several grammar and usage quandaries. Now, the Supreme Court has unanimously agreed: The statute's text is a mess....more
On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more
1/28/2022
/ Certiorari ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Permits ,
Rapanos v US ,
Sackett ,
SCOTUS ,
Section 404 ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States
Sometimes, yes. At least that’s one takeaway from the argument in a recent U.S. Supreme Court case, Boechler, P.C. v. Commissioner of Internal Revenue. ...more