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

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

USEPA and the Corps Going Back to the Future on WOTUS

What was old is now new again as the United States Environmental Protection Agency (USEPA) and the United States Army Corps of Engineers (Corps) announced on September 3, 2021 a reversion to a pre-2015 definition of Waters of...more

Supreme Court Rules That Certain, But Not All, Discharges to Groundwater May Require Permitting Under the Clean Water Act

In a 6-3 decision on Thursday, the United States Supreme Court vacated and remanded the opinion of the Ninth Circuit Court of Appeals and found that the Clean Water Act (“CWA”) regulated discharges from point sources “if the...more

Sixth Circuit Vacates Nationwide WOTUS Rule Injunction

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

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