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U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of...more

Ninth Circuit Finds No Sovereign Immunity Waiver For Tribes Under CWA

On June 23, 2021, the Ninth Circuit in Deschutes River All. v. Portland Gen. Elec. became the first court in the country to hold that Congress did not clearly and unambiguously waive tribal sovereign immunity under the Clean...more

Supreme Court Holds Clean Water Act Permit Required for Some Discharges to Groundwater

Last Thursday, the U.S. Supreme Court held that the Clean Water Act (“CWA”) requires a permit to discharge pollutants that reach “navigable waters” through groundwater, but only if the discharge is the “functional equivalent...more

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

Controversial New Clean Water Rule Unlikely to Significantly Change Regulatory Status Quo

On May 27, EPA and the U.S. Army Corps of Engineers jointly issued their long-expected and much-debated rule defining which waters are protected by the federal Clean Water Act (CWA). In announcing the rule, President Obama...more

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