News & Analysis as of September 19, 2024

Supreme Court of the United States › Rapanos v US

+ Follow

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 -

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

Mintz on 12/21/2023

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

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

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

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

Holland & Knight LLP on 9/8/2023

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

Questions Remain After EPA and the Army Corps Update the “Waters of the United States” Definition Following Sackett v. EPA

Vinson & Elkins LLP on 9/7/2023

On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more

Supreme Court 2023 Highlights – Administrative and Environmental Law

ArentFox Schiff on 7/13/2023

This US Supreme Court’s administrative and environmental decisions were somewhat predictable for much of the 2022-2023 term. And then they weren’t – the final weeks of the term especially featured some high-drama decisions....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

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

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/16/2023

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

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 Definition of Wetlands Under Clean Water Act

Adams and Reese LLP on 6/8/2023

On May 25, 2023, the Supreme Court published their opinion in a case styled as Sackett II, which again focused on the definition of “waters of the United States” (WOTUS) and the jurisdictional reach the federal government had...more

Another U.S. Supreme Court Decision Strikes Down a Waters of the United States Rule

Adams and Reese LLP on 6/7/2023

The United States Supreme Court released in May an opinion in Sackett v. EPA (styled Sackett II), in which the Court unanimously held that the Environmental Protection Agency (EPA) overstepped its jurisdiction in classifying...more

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

Bradley Arant Boult Cummings LLP on 6/7/2023

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

Supreme Court Ignores Dictionary, Limits Clean Water Act

Verrill on 6/2/2023

The United States Supreme Court decided last week in Sackett v. Environmental Protection Agency that a word does not mean what the dictionary, Congress, or two federal agencies have for 45 years understood it to mean....more

U.S. EPA's Jurisdiction Over Wetlands Dries Up Under Landmark Supreme Court Ruling

Quarles & Brady LLP on 6/1/2023

In a 9-0 ruling published on May 25, 2023, the U.S. Supreme Court rejected the U.S. EPA’s and U.S. Army Corps of Engineers’ (USACE's) use of the expansive “significant nexus” test to assert authority over adjacent wetlands as...more

Supreme Court Ends Protection for Most Wetlands In The U.S.—But Not In California

Mintz on 6/1/2023

The Supreme Court ends protection for most wetlands in the United States... In a sweeping decision, the Supreme Court last week eliminated federal protection for more than half the wetlands in the United States. (Sackett...more

Supreme Court Narrows Scope of Waters Protected by the Clean Water Act in Sackett v. EPA

Sheppard Mullin Richter & Hampton LLP on 6/1/2023

In a long-anticipated decision on the reach of the Clean Water Act (“CWA”), the Supreme Court significantly narrowed the scope of the wetlands and other waters subject to the CWA’s protections. The Court’s opinion in Sackett...more

Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws

Foley Hoag LLP - Energy & Climate Counsel on 5/31/2023

On May 25, 2023, the Supreme Court issued its long-awaited decision in Sackett v. Environmental Protection Agency, which significantly narrowed the Clean Water Act’s (“CWA”) test for determining whether wetlands are protected...more

SCOTUS Redefines the Bounds of the Clean Water Act with Its Decision in Sackett v. United States

Steptoe & Johnson PLLC on 5/31/2023

In a decision that has been anticipated for months, the U.S. Supreme Court issued its opinion in Sackett v. United States, essentially rewriting jurisprudence established previously in Rapanos v. United States, 547 U.S. 715...more

Supreme Court Narrows the Clean Water Act’s Jurisdictional Reach Over Wetlands

Nutter McClennen & Fish LLP on 5/31/2023

The Supreme Court, on May 25, 2023, addressed the longstanding issue of how to determine when a wetland is subject to jurisdiction under the Clean Water Act (the “CWA”). In Sackett v. Environmental Protection Agency, a 5-4...more

Supreme Court Limits Reach of Clean Water Act

Perkins Coie on 5/30/2023

The U.S. Supreme Court, on May 25, 2023, narrowed the reach of the Clean Water Act, in the latest judicial effort to define the “waters of the United States” that Congress intended to regulate. Sackett v. Environmental...more

The Supreme Court Provides Clarity and Contraction on Regulation of Waters of the United States

Manatt, Phelps & Phillips, LLP on 5/30/2023

For the first time in modern history, the scope of federal regulation of wetlands and waters is strikingly clear . . . and narrow. In Sackett v. EPA, the U.S. Supreme Court drew the brightest and most narrow regulatory...more

68 Results

View per page

Page: of 3

Supreme Court of the United States › Rapanos v US

"My best business intelligence, in one easy email…"