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Supreme Court of the United States › Jurisdiction › US Army Corps of Engineers

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... more +
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 -
Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

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​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

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

U.S. Army Corps of Engineers (Vicksburg District)/Special Public Notice: Programmatic Emphasis on Department of the Army Permit...

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The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more

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

Coordination Process Update: U.S. Army Corps of Engineers/Environmental Protection Agency Joint Coordination Memoranda Addressing...

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The United States Army Corps of Engineers (“Corps”) and United States Environmental Protection Agency (“EPA”) issued on April 25th document titled: Coordination Process Update: Joint Coordination Memoranda to the Field...more

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

Waters of the United States/Clean Water Act: Federal Appellate Court Addresses Jurisdictional Challenge

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The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 18, 2023, Consolidated Opinion whether certain Louisiana wetlands were subject to Clean Water Act jurisdiction. See Lewis v....more

Mintz

An early Christmas present from three Fifth Circuit Judges who concluded a Louisiana property is not subject to Federal Clean...

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Garry Lewis owns 2000 acres in Livingston Parish, Louisiana and he has been fighting with the Army Corps of Engineers over whether any of those 2000 acres are wetlands subject to Federal Clean Water Act jurisdiction for over...more

Ward and Smith, P.A.

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

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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

Pierce Atwood LLP

Effective Immediately, EPA and Army Corps Drastically Reduce Federal Jurisdiction Over Wetlands

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The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published in the September 8th Federal Register a final rule to amend the “Revised Definition of ‘Waters of the United States’” rule....more

Holland & Knight LLP

Waters of the United States Rule Revised in Response to Sackett Decision

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The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2...more

Schwabe, Williamson & Wyatt PC

Revised WOTUS Rule Limits Reach of Clean Water Act

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On August 29, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) released a revision to the definition of water of the United States (WOTUS) that significantly curtails the agencies’ authority...more

Mintz

EPA & the Corps have published their 10th attempt to determine the reach of the Clean Water Act. Litigation is certain to follow.

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Ahead of schedule, yesterday EPA and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act. The only question now is will its opponents file amended complaints in...more

Perkins Coie

Federal Circuit Holds “Sum Certain” Requirement in Government Contracts Cases Is Nonjurisdictional

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Clarifying a significant issue in government contracts litigation against the government, the U.S. Court of Appeals for the Federal Circuit has held that the so-called “sum certain” requirement for Contract Disputes Act (CDA)...more

Davis Wright Tremaine LLP

SCOTUS Whacks WOTUS, Reducing Protection of American Wetlands

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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

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

Waters of the United States/Clean Water Act: Federal District Court (Louisiana) Addresses Property Owner's Challenge to...

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The United States District Court (E.D. Louisiana) (“Court”) issued a June 12th Order addressing a property owner’s challenge to the United States Corps of Engineers (“Corps”) assertion of Clean Water Act jurisdiction over...more

Bradley Arant Boult Cummings LLP

WOTUS at SCOTUS: Supreme Court Shrinks Clean Water Act Jurisdiction over Wetlands

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Last week the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying what wetlands are subject to federal jurisdiction and regulation under the Clean Water Act (CWA). The Sackett case was brought...more

Schwabe, Williamson & Wyatt PC

Clean Water Act Coverage – Another Revised WOTUS Rule

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On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the...more

Lippes Mathias LLP

WOTUS Rule Finalized: What Does it Mean?

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Following decades of regulatory actions and lawsuits concerning the definition of “waters of the United States under the Clean Water Act, on December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army...more

Mintz

Backwards, forwards, square, and round. The battle over the reach of the Federal Clean Water Act continues.

Mintz on

Backwards, forwards, square and round. So goes a lyric by the late great Jeff Beck who died this week. Mr. Beck wasn't writing about the decades long war over the jurisdictional reach of the Federal Clean Water Act but the...more

Venable LLP

SCOTUS and WOTUS: Is Sackett Case the Final Chapter?

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On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more

BCLP

EPA and the U.S. Army Corps of Engineers Propose Yet Another Definition of “Waters of the United States” (“WOTUS”) – What to...

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On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water...more

Perkins Coie

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

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The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more

Steptoe & Johnson PLLC

Sixth Circuit Vacates Nationwide WOTUS Rule Injunction

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As anticipated, the 6th Circuit Court of Appeals took the formal action of vacating its temporary injunction which had enjoined the enforcement of the Obama-era rule which redefined Waters of the United States (WOTUS)...more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

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It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Sheppard Mullin Richter & Hampton LLP

District Courts Have Jurisdiction Over Challenges to Clean Water Rule, Supreme Court Says

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The U.S. Supreme Court ruled Monday that the federal district courts can hear challenges to the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ 2015 Clean Water Rule, rejecting the federal...more

Dorsey & Whitney LLP

SCOTUS Rules Clean Water Rule Challenges Belong in District Court

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The Supreme Court held unanimously Monday that challenges to the Obama Administration’s 2015 “Clean Water Rule,” which defined “waters of the United States” (“WOTUS”) subject to regulation under the Clean Water Act (“Act”),...more

Snell & Wilmer

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

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Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more

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