News & Analysis as of November 17, 2024

Environmental Policies

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Army Corps of Engineers Announces Post-Sackett Wetlands Protection Plans

Holland & Knight LLP on 3/26/2024

The U.S. Army Corps of Engineers (ACE) on March 22, 2024, announced its plans for enhancing the protection of the country's wetlands following the U.S. Supreme Court's Sackett v. EPA decision. In Sackett, the Supreme Court...more

Predictions for 2024 on Federal Wetland Jurisdiction after Sackett and Regulation Amendments

Keating Muething & Klekamp PLL on 3/11/2024

Following the U.S. Supreme Court’s decision in the Sackett case in May of 2023, the U.S. EPA (“EPA”) and the U.S. Army Corps (“Army Corps”) have amended federal regulations to conform to Sackett and the Army Corps has resumed...more

Understanding the Latest Federal Wetlands Rulings: A Guide for Property Owners and Developers

Foster Garvey PC on 1/13/2024

Recent federal court decisions have changed the way wetlands are regulated in the United States. Here's what you need to know. A Shift in Wetland Regulation: The Sackett Decision and Its Impact In 2023, the U.S. Supreme...more

Waters of the United States/Clean Water Act: U.S. House of Representatives Democrats Introduce Legislation Addressing U.S. Supreme...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/15/2023

One hundred eighteen Democratic members of the United States House of Representatives (“House”) introduced legislation titled: Clean Water Act of 2023(H.R. 5983) The stated purpose of H.R. 5983 is to address the...more

WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

Ward and Smith, P.A. on 11/13/2023

The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived. First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of...more

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

Roetzel & Andress on 10/10/2023

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

Revised WOTUS Rule Limits Reach of Clean Water Act

Schwabe, Williamson & Wyatt PC on 9/26/2023

Following years of administrative rulemaking and litigation, on September 8, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of waters of the United...more

EPA narrows “Waters of the United States” definition following Sackett ruling

Jenner & Block on 9/14/2023

The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v....more

EPA and Army Corps Amend Clean Water Act’s “Waters of the United States” Rule

Nutter McClennen & Fish LLP on 9/1/2023

On August 29, 2023, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule revising the meaning of “waters of the United States” under the federal Clean Water Act (CWA). The revised...more

Here We WOTUS Again

Brownstein Hyatt Farber Schreck on 9/1/2023

On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Final Rule Addressing Sackett...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/31/2023

The United States Environmental Protection Agency and the United States Corps of Engineers (collectively “EPA”) issued a pre-Federal Register publication final rule on August 29th revising the Clean Water Act definition of...more

And then there was one -- The Judge in Texas joined the Sixth Circuit Court of Appeals in staying another challenge to EPA's "old"...

Mintz on 7/12/2023

Just before the July 4th holiday, I was wondering out loud what was to be gained by having a Federal District Court decide the merits of a challenge to EPA's eighth attempt to determine the reach of the Clean Water Act. ...more

Waters of United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Announce Intent to Issue Final...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/6/2023

The United States Environmental Protection Agency and the United States Department of the Army Corps of Engineers (collectively “EPA”) announced that they are developing a rule to amend the final “revised definition of waters...more

Regulatory Changes: Massachusetts Wetlands Permitting

Goulston & Storrs PC on 6/29/2023

The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

Nossaman LLP on 6/29/2023

On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more

Is That Wetland I Want to Develop "Adjacent"? Key Interpretation in Limbo After Sackett

Akerman LLP on 6/26/2023

Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more

Virginia State Water Control Law Reigns Supreme for Protection of Wetlands in the Commonwealth

Woods Rogers on 6/23/2023

On May 25, the Supreme Court of the United States significantly narrowed the scope of wetlands protected by the Clean Water Act (CWA or Act). The Court held that only wetlands indistinguishable from Waters of the United...more

U.S. Supreme Court Limits Scope of Regulated Wetlands

Harris Beach PLLC on 6/19/2023

On May 23, 2023, the U.S. Supreme Court finally issued its decision in Sackett v. U.S. Environmental Protection Agency, which significantly rolls back the scope of wetlands the U.S. Environmental Protection Agency (“EPA”) and...more

U.S. Supreme Court Limits Clean Water Act’s Reach Over Wetlands

Keating Muething & Klekamp PLL on 6/16/2023

On May 25, 2023, the U.S. Supreme Court issued its long-anticipated decision in Sackett v. EPA, a case involving homeowners who filled private residential property in order to build a home. All nine justices agreed the...more

U.S. Supreme Court Limits Federal Jurisdiction Over Wetlands

Nossaman LLP on 6/15/2023

In a 5-4 decision issued on May 25, 2023, the U.S. Supreme Court narrowed the applicability of federal Clean Water Act regulatory authority over wetlands that have a relatively permanent connection to other federal waters....more

What’s Next Following the Supreme Court’s Decision in Sackett v. EPA?

Latham & Watkins LLP on 6/15/2023

The Court’s decision has prompted the US Army Corps of Engineers to freeze jurisdictional determinations for permitted activities pending additional guidance. On May 25, 2023, by a narrow 5-4 majority, the US Supreme...more

Supreme Court Rules for the Sacketts: The “Significant Nexus” Test is Dead – Long Live “Adjacent Wetlands”

Robinson+Cole Environmental Law + on 6/14/2023

On May 25, 2023, after more than 15 years of fighting, a couple contesting the Environmental Protection Agency’s assertion of jurisdiction over their residential lot as “waters of the United States” (WOTUS) under the Clean...more

Wetlands and WOTUS: Implications of Sackett v. EPA

WilmerHale on 6/8/2023

On May 25, 2023, the United States Supreme Court held that the term “waters of the United States” (“WOTUS”)—as used in the federal Clean Water Act (“CWA”), 33 U.S.C. § 1362(7)—means “streams, oceans, rivers, and lakes” and...more

The United States Supreme Court’s Decision in Sackett v. EPA Narrows the Jurisdictional Scope of Wetlands Protected Under the...

Lowndes on 6/5/2023

After many decades of uncertainty around the meaning of “the waters of the United States” (WOTUS), the United States Supreme Court narrowed the definition of WOTUS under the Clean Water Act (CWA) in its opinion on May 25,...more

U.S. Supreme Court Limits Extent of Federal Authority Over Wetlands

Schwabe, Williamson & Wyatt PC on 6/2/2023

Following years of administrative rulemaking and litigation, the U.S. Supreme Court published a much-anticipated decision interpreting what is a water of the United States (WOTUS) under the Clean Water Act (CWA). On May 25,...more

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Supreme Court of the United States › Wetlands › Environmental Policies

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