The U.S. Supreme Court issued its long-awaited decision yesterday in the case of Sackett v. EPA, upending wetland regulation nationwide and dealing a significant blow to the Biden Administration’s rulemaking to define the...more
On December 30, 2022, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the “Corps”) (the “Agencies”) released a pre-publication version of yet another new rule redefining “waters of the United...more
Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more
2/7/2022
/ Appeals ,
Biden Administration ,
Clean Water Act ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters Protection Rule ,
Petition for Writ of Certiorari ,
Proposed Rules ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In environmental law, it’s hard to imagine a topic shrouded in more uncertainty and confusion than the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). After numerous Supreme Court...more