On March 24, 2025, the Environmental Protection Agency (EPA) published plans to seek stakeholder input on implementing a new definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The EPA’s goal...more
3/25/2025
/ Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Navigable Waters ,
New Guidance ,
Proposed Rules ,
Rapanos v US ,
Sackett v EPA ,
SCOTUS ,
Waters of the United States ,
Wetlands
On July 1, 2024, the Court issued a 6-3 ruling in Corner Post v. Board of Governors of the Federal Reserve System holding that an Administrative Procedures Act (APA) claim does not accrue for the purposes of §2401(a) – the...more
On June 28, 2024, the U.S. Supreme Court issued a 6-3 ruling in Loper Bright Enterprises, Inc. v. Raimondo overturning the longstanding administrative law doctrine known as Chevron deference. Chevron deference, which stemmed...more
On May 25, 2023, the U.S. Supreme Court announced a five-Justice Majority decision in the case of Sackett v. Environmental Protection Agency. Justice Alito, writing for the majority, stated that the Clean Water Act only...more
The Court’s Decision in West Virginia v. Environmental Protection Agency Opens the Door For Courts to Reconsider and Potentially Erode Chevron Deference -
Last Thursday, the U.S. Supreme Court announced a 6-3 decision...more
Clarity Provided for New “Functional Equivalent” Test -
Today, the U.S. Environmental Protection Agency published guidance on how to apply the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund. The...more
12/11/2020
/ Clean Water Act ,
Comment Period ,
Direct Discharge ,
Discharge of Pollutants ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Point Sources ,
SCOTUS
County of Maui v. Hawai’i Wildlife Fund -
Last week, the Supreme Court announced a 6-3 decision in the case of County of Maui v. Hawai’i Wildlife Fund. The decision involves whether a federal permit is required under the...more
4/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The Supreme Court issued a decision last week regarding which federal courts have jurisdiction to hear challenges to the 2015 Waters of the U.S. Rule....more
1/29/2018
/ Appeals ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Judicial Review ,
Jurisdiction ,
Jurisdictional Determination (JD) ,
National Association of Manufacturers v DOD ,
Navigable Waters ,
SCOTUS ,
Waters of the United States
Today, the U.S. Sixth Circuit Court of Appeals granted a request to hold the pending challenge to EPA’s Waters of the United States rule in temporary suspension. The case will be on hold while the Supreme Court decides...more
The Stay Follows A Preliminary Injunction Issued Against the Clean Water Rule in August -
In an unexpected move and while still deciding if it has jurisdiction to hear the matter, the Sixth Circuit Court of Appeals today...more