News & Analysis as of November 17, 2024

Sackett

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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 -

Sackett, One Year Later

Balch & Bingham LLP on 11/5/2024

After last year’s Supreme Court's decision in Sackett v. Environmental Protection Agency, there remains confusion regarding how the ruling affects economic development projects such as residential and commercial building,...more

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

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

Examining the Implications of Sackett v. U.S. Environmental Protection Agency for Clean Water Act Protections of Wetlands/Streams:...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/2/2023

The United States Senate Committee on Environment & Public Works held an October 18th hearing titled: Examining the Implications of Sackett v. U.S. Environmental Protection Agency for Clean Water Act Protections of Wetlands...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

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

Now that the Supreme Court has decided Sackett maybe we should leave courts out of the Clean Water Act rule making business for a...

Mintz on 6/30/2023

Sam Hess of Inside EPA reports that Idaho, Texas and several NGOs are pressing a District Court Judge in the Lone Star State to decide their challenge to the Biden Administration's Waters of the United States rule on the...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

Sackett v. EPA: What Lies Ahead for Water Regulation and Wetland Protection?

Meyers Nave on 6/22/2023

On May 25, 2023, the U.S. Supreme Court reversed the Ninth Circuit’s decision in the Sackett v. EPA case in favor of the Environmental Protection Agency (“EPA”) and instead held that the Clean Water Act (“CWA”) only protects...more

SCOTUS Whacks WOTUS, Reducing Protection of American Wetlands

Davis Wright Tremaine LLP on 6/21/2023

In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...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

SCOTUS Defines New Test for Protected Waterways and Wetlands

Kohrman Jackson & Krantz LLP on 6/16/2023

On May 25, the Supreme Court of the United States (SCOTUS) made its final decision on a long-running case that will redefine the power and authority that the United States Environmental Protection agency (EPA) will have to...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

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Supreme Court of the United States › Wetlands › Sackett

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