News & Analysis as of September 20, 2024

Supreme Court of the United States › Section 404

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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 -

Surprising to see EPA now taking steps to make it easier for states to take over the Federal Government's dredge and fill permit...

Mintz on 7/20/2023

I'm surprised to see the Biden Administration EPA moving forward right now with a rule proposed during the Trump Administration to allow states to take over responsibility for the permitting of "dredge and fill" activities...more

The United States Supreme Court’s Decision in Sackett v. EPA Narrows the Jurisdictional Scope of Wetlands Protected Under the...

Lowndes on 6/5/2023

After many decades of uncertainty around the meaning of “the waters of the United States” (WOTUS), the United States Supreme Court narrowed the definition of WOTUS under the Clean Water Act (CWA) in its opinion on May 25,...more

SCOTUS and WOTUS: Is Sackett Case the Final Chapter?

Venable LLP on 1/28/2022

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

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

BCLP on 1/8/2019

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

U.S. Supreme Court Ruling Could Lead to “Inconsistencies, Uncertainty, and Confusion” in Waters and Wetlands Regulatory Regime

Bradley Arant Boult Cummings LLP on 1/24/2018

On January 22, 2018, the United States Supreme Court ruled unanimously in National Association of Manufacturers v. Department of Defense that legal challenges to an Obama Administration regulation defining “waters of the...more

Supreme Court Allows Early Challenges to Wetlands Jurisdictional Determinations

Poyner Spruill LLP on 10/18/2016

The U.S. Supreme Court has ruled that a property owner can go to court to challenge a determination by the Army Corps of Engineers (Corps) that part of the property is “waters of the U.S.” or connected wetlands and therefore...more

Wetlands Determinations - Uncertainty for the Clean Water Rule?

Ruder Ware on 7/7/2016

On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more

The Supreme Court Holds that Army Corps’ Jurisdictional Determinations are Final Actions Subject to Judicial Review

Jackson Walker on 6/6/2016

On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., the US Supreme Court unanimously held that a U.S. Army Corps of Engineers’ (Corps) approved jurisdictional determination (JD) is a final agency action...more

California Environmental Law & Policy Update - June 2016

Allen Matkins on 6/6/2016

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable

Seyfarth Shaw LLP on 6/6/2016

Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more

Supreme Court Again Sinks Government on Wetlands

Beveridge & Diamond PC on 6/6/2016

A few months ago, we (and most everyone else not working at the Justice Department) predicted that the Supreme Court would rule that property owners seeking to develop potential federal wetlands on their property may...more

Unanimous Supreme Court Sides With Property Owners In Clean Water Act Row

Morrison & Foerster LLP on 6/3/2016

Introduction - On Tuesday, the U.S. Supreme Court issued an important decision that continues a trend of judicial skepticism toward federal agency efforts to avoid judicial review of agency permitting and related...more

US Supreme Court Holds US Army Corps Clean Water Act Determinations Reviewable

Morgan Lewis on 6/3/2016

Decision allows landowners to challenge in court a US Army Corps of Engineers’ determination that a property is subject to regulation under the Clean Water Act....more

Supreme Court: Clean Water Act Jurisdictional Determinations Challengeable in Federal Court

Holland & Knight LLP on 6/3/2016

The Supreme Court of the United States ruled on May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290, slip op., 578 U.S. ___ (2016) that approved jurisdictional determinations (JDs) issued by...more

Supreme Court Allows Challenges to Section 404 Jurisdictional Determinations

Manatt, Phelps & Phillips, LLP on 6/3/2016

U.S. Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290 (May 31, 2016) - Why It Matters: The U.S. Supreme Court unanimously concluded that property owners who are required to obtain Clean Water Act (CWA) Section 404...more

Supreme Court Provides for Judicial Review of Army Corps Determinations

WilmerHale on 6/2/2016

On May 31, 2016, the Supreme Court of the United States held that final determinations by the U.S. Army Corps of Engineers regarding the presence or absence of “waters of the United States” can be appealed to the courts. The...more

Supreme Court Clears Path for Appeal of Clean Water Act Jurisdictional Determinations

Burr & Forman on 6/2/2016

An approved jurisdictional determination (“JD”) by the U.S. Army Corps of Engineers (“Corps”) can be appealed to Federal District Court according to a unanimous United States Supreme Court decision issued May 31, 2016, U.S....more

Important Wetlands Permitting News: U.S. Supreme Court Allows Pre-Permit Challenges to Approved Jurisdictional Determinations

Allen Matkins on 6/1/2016

In a major new legal development for the Clean Water Act's Section 404 wetlands permitting program, landowners can now challenge the federal government's claim that areas targeted for fill are "waters of the United States"...more

Is that Wetland Jurisdictional? A Practical Guide to the New Clean Water Rule

Williams Mullen on 8/26/2015

The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.”[1] It’s effective on August 28, 2015, so you need...more

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Supreme Court of the United States › Section 404

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