News & Analysis as of

Commerce Clause Supreme Court of the United States Environmental Protection Agency (EPA)

Mintz

Half of the United States have now thrown everything but the kitchen sink at EPA's and the Corps of Engineers' WOTUS rule. What...

Mintz on

When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only question remaining was how many of the States and NGOs who challenged EPA's and the...more

Mintz

At least two Supreme Court Justices think there's a limit to Congress's ability to fix the Clean Water Act

Mintz on

Five Justices of our nation's highest court have now provided a definition of "Waters of the United States" that will be binding on the Executive and Judicial Branches at least until Congress says otherwise.  As Justice...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States Clean Water Act: Aggregate Producers/Agricultural Organizations/Contractors File Judicial Challenge to...

A coalition of organizations representing various agricultural, construction, natural resources, and other interests filed a January 18th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Mintz

I doubt the Supreme Court will adopt the Sacketts' test for determining Clean Water Act jurisdiction but the "significant nexus"...

Mintz on

I doubt the Supreme Court will adopt the Sacketts' test for determining Clean Water Act jurisdiction but the "significant nexus" test is in trouble Yesterday the Sacketts of Idaho shared with the United States Supreme...more

Foley Hoag LLP - Environmental Law

EPA Proposes to Use Science to Identify Waters of the United States. I’m Shocked, Shocked.

Last week, EPA and the Army Corps proposed a new rule to define what constitutes “waters of the United States.” Déjà vu all over again. Under the proposal, the agencies: are exercising their discretionary authority to...more

BakerHostetler

Tenth Circuit Rejects Constitutional Challenge to Colorado’s Renewable Energy Mandate

BakerHostetler on

On July 13, the Tenth Circuit upheld Colorado’s renewable energy mandate against a claim that it impermissibly interferes with interstate commerce. This decision, addressing a state’s power to encourage or require the...more

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